Includes bibliographical references and index.

Acknowledgements -- List of Abbreviations -- Table of Cases Table of Conventions -- Foreword 1 - Professor Neels Foreword 2 - Professor Dutta -- Part I: General Principles -- 1. Introduction -- 2. 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 the 'Domicile' under the Indian Private International Law Rules V. Conclusion -- 4. Proving, Pleading, and Excluding the Foreign Laws I. Introduction II. Substantive and Procedural Laws III. Pleading Foreign Law IV. Exclusion of Foreign Law V. The Overriding Mandatory Norms and the Public Policy ( Ordre Public ) of India VI. Conclusion -- Part II: Jurisdiction 5. Jurisdiction: Which Court Will Adjudicate the 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 -- Part III: Family Law -- 6. Private International Practice in Marriage -- I. Introduction II. Indian Legislative Framework on Marriage and Religious Base III. Same-Sex Marriage: Legal Analysis of Private International Law Principles IV. Hague Conference on Private International Law and Matrimonial Conventions V. 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. Child Jurisprudence: Interplay of Public and Private International Law.

III. Indian Legal Framework Relating to Inter-Country Child Abduction IV. Recognition of Foreign Custody Order V. Conclusion -- 9. Cross-Border Surrogacy and Private International Law I. Introduction II. Surrogacy and Private International Law Issues -- III. Legal Status of Commercial Surrogacy in India IV. Judicial Opinion on Cross-Border Surrogacy IV. Legal Initiatives for Harmonisation by HCCH and India's Role V. Conclusion -- Part IV: Law of Obligations -- 10. The Applicable Law and Contractual Obligations I. Introduction II. The Identification of the Applicable Law in Contractual Obligations in India III. The Scope of the Proper Law of the Contract IV. Reflections on Indian Law: Some Insights Based on Global Trends V. Conclusion -- 11. The Applicable Law and Non-Contractual Obligations I. Introduction II. The Identification of the Applicable Law in Non-Contractual Obligations in India III. Reflections on Indian Law: Some Insights Based on Global Trends IV. Conclusion -- Part V: Recognition and Enforcement -- 12. The Recognition and Enforcement of Foreign Judgments -- I. Introduction II. The Recognition and Enforcement of Foreign Judgments III. Determining the 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 Trends VI. 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. The Disqualification of a Foreign Arbitral Award from Recognition or Enforcement in India V. Conclusion -- Part VI: Final Remarks -- 14. Conclusion -- Glossary -- Bibliography -- Index.

Abstract freely available; full-text restricted to individual document purchasers.

"This book provides an authoritative account of the evolution and application of private international law principles in India in commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject."-- Provided by publisher.

Also published in print.

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