Indian Private International Law

Stellina Jolly is Senior Assistant Professor at the Faculty of Legal Studies, South Asian University, Delhi, India. Saloni Khanderia is Professor of Law at the Jindal Global Law School, Sonipat, India and Alexander von Humboldt Fellow at Ludwig Maximilian University, Munich, Germany.

• PART IGENERAL PRINCIPLES1. Introduction2. Basic Concepts and Status of Private International Law in India I. Introduction II. Overview of Indian Legal Framework III. Conceptual Foundations of Private International Law IV. Genesis of Private International Law in India V. Operationalisation of Private International Law: Classic Concepts VI. Conclusion 3. Domicile, Nationality, and Residence I. Introduction II. Domicile III. Nationality and Residence IV. Ascertaining Domicile under Indian Private International Law Rules V. Conclusion 4. Proving, Pleading, and Excluding the Foreign Laws I. Introduction II. Substantive and Procedural Law III. Pleading Foreign Law IV. Exclusion of Foreign LawV. Overriding Mandatory Norms and Public Policy (Ordre Public) VI. Conclusion PART IIJURISDICTION5. Jurisdiction: Which Court will Adjudicate a Matter? I. Introduction II. Persons who may File a Suit before an Indian Court III. Jurisdiction in personam IV. Jurisdiction in Actions in rem V. Reflections on Indian Law: Some Insights based on Global Trends VI. Conclusion 5PART IIIFAMILY LAW6. Private International Law Practice in Marriage I. Introduction II. Indian Legislative Framework on Marriage and its Religious Base III. Same-Sex Marriage: Legal Analysis of Private International Law Principles IV. Hague Conference on Private International Law and Matrimonial ConventionsV. Conclusion 7. Private International Practice in Divorce and Related Matters I. Introduction II. Conflict of Laws Issues in Divorce III. Recognition of Foreign Divorce in India IV. Ancillary Financial Orders and Nullity of Marriage V. Annulment and Nullity of Marriages VI. Conclusion 8. Private International Law Practice and Children: Issues of Custody and Abduction I. Introduction II. Jurisprudence on the Well-Being of the Child: An Interplay of Public and Private International Law III. Indian Legal Framework Relating to Intercountry Child Abduction IV. Recognition of Foreign Custody Orders V. Conclusion 9. Cross-Border Surrogacy and Private International Law I. Introduction II. Private International Law Issues in Cross Border Surrogacy III. Legal Status of Commercial Surrogacy in India IV. Judicial Statements on Surrogacy: Public Policy Narratives V. Legal Initiatives for Harmonisation and India’s Role VI. Conclusion PART IVLAW OF OBLIGATIONS10. The Applicable Law in Contractual Obligations I. Introduction II. Identification of the Applicable Law in Contractual Obligations in India III. Scope of the Proper Law of the ContractIV. Reflections on Indian Law: Some Insights based on Global Trends V. Conclusion 11. The Applicable Law in Non-Contractual ObligationsI. Introduction II. Identification of Applicable Law in Non-Contractual Obligations in India III. Reflections on Indian Law: Some Insights Based on Global TrendsIV. Conclusion PART VRECOGNITION AND ENFORCEMENT12. The Recognition and Enforcement of Foreign Judgments I. Introduction II. The Recognition and Enforcement of Foreign Judgments III. Determining Eligibility of a Foreign Judgment IV. The Disqualification of a Foreign Judgment from Recognition or Enforcement V. Reflections on Indian Law: Some Insights Based on Global TrendsVI. Conclusion 13. The Recognition and Enforcement of Foreign Arbitral Awards I. Introduction II. The Law on the Recognition and Enforcement of Foreign Arbitral Awards III. The Execution of Foreign Arbitral Awards in India IV. Disqualification of a Foreign Arbitral Award from Recognition or Enforcement in India V. Conclusion PART VIFINAL REMARKS14. Looking Forward

Indian Private International Law certainly contains the currently leading reference to Indian private international law in English.