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Private International Law NIRMA UNIVERSITY Institute of Law B.A., LLB (Hons.), B.Com, LLB (Hons.) Programme Academic Year 2018-2019 Institute Elective L T P C 4 - - 4 Course Code 2IE1004 Course Title Private International Law Course Learning Outcomes: At the end of the course, students will be able to: 1. Define the principles of conflict of laws and its application in cases involving foreign element; 2. Explain the concept of recognition and enforcement of foreign judgments; 3. Apply the principles of conflict of laws in relation to the Indian legal mechanism and its practices. 4. Analyze the issue of jurisdiction and application of foreign laws in a case where foreign element is involved; Syllabus Teaching Hours: 60 Unit-I Introduction 02 Hours 1.1 Definition, meaning and scope of private international law 1.2 Theories concerning private international law 1.3 Sources of private international law Unit-II Stages of Analysis in Private International Law 15 Hours 2.1 Primary Characterization – defining the legal nature of the cause of action 2.2 Determining the connecting factor – articulating the relevant private international law principles w.e.f. academic year 2018-19 and onwards Page 1 of 4 2.3 Delimitation and application of lex causae 2.3.1 Doctrine of Renvoi 2.3.2 The Scope of application of lex causae 2.3.3 Substance and Procedure 2.3.4 Depecage and Incidental question 2.4 Exclusion of Foreign Law 2.4.1 Exclusion of Revenue Laws 2.4.2 Exclusion of other Public Laws 2.5 The Act of State Doctrine Unit-III Domicile 02 Hours 1 The Concept of Domicile 1.1 Common Law Approach 1.2 An Indian Approach Unit-IV Jurisdiction 12 Hours 4.1 General Issues 4.1.1 Jurisdiction and its implications in private International Law 4.1.2 Action in personam and action in rem in private international law 4.1.3 Action in personam: actor sequitur forum rei principle and its implications 4.1.3.1 Territorial jurisdiction; 4.1.3.2 Submission to the jurisdiction 4.1.3.3 Exorbitant Jurisdiction in English Law, Indian Law and EC Regulation on Jurisdiction 4.2 In Personam Jurisdiction – The English Common Law and Indian Position 4.3 Action in Rem: Admiralty Jurisdiction in India 4.4 EC Regulation on Jurisdiction and the Recognition and Enforcement of Judgment (Brussels Regulation I and Recast Regulation) w.e.f. academic year 2018-19 and onwards Page 2 of 4 4.5 Jurisdiction to Prescribe 4.6 The Mareva and Worldwide Mareva Injunctions – International Dimensions 4.7 Effects of Jurisdiction Clauses in India and under the Common Law 4.8 Doctrine of Forum Non Convenience (FNC), Anti-Suit Injunction and Anti-Arbitration Injunction Unit-V Applicable Law: Contracts and Commercial Matters 10 Hours 5.1 Governing Law and Transnational Contracts – Common Law and Indian Law 5.2 Rome Regulation I on Contractual Obligations 5.3 IMF and Exchange Contracts 5.4 Negotiable Instruments 5.5 Torts and Rome Regulation II [Non-Contractual Obligation] Unit-VI Applicable Law – Family Matters 08 Hours 6.1 Jurisdiction and Choice of Law Issues in Family Matters 6.1.1 Marriage and Matrimonial Causes Unit-VII Applicable Law–In Matters Of Children 05 Hours 7.1 Legitimacy and Legitimation 7.2 Adoption, Guardianship and Child Custody (Jurisdiction and Choice of Law Issues) Unit-VIII Recognition and Enforcement of foreign Judgments 06 Hours 8.1 Need recognizing foreign judgments 8.2 Limitations in recognizing and enforcement 8.3 Section 13,14 and 444 of C.P.C. and S. 41 of the Indian Evidence Act 8.4 Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, 1968 w.e.f. academic year 2018-19 and onwards Page 3 of 4 Suggested Readings: 1. Cheshire, North & Fawcett. (2008). Private International Law. New York: OUP 2. Dicey, Morris and Collins. (2009). The Conflict of Laws, London: Sweet and Maxwell 3. Mayss, Abla. (1999). Principles of Conflict of Laws. London: Cavendish Publishing Limited 4. Paras Diwan.( 1998). Private International Law, New Delhi: Deep &Deep Publication 5. Clarkson & Jonathan Hill. (2008). The Conflict of Laws, New York: OUP w.e.f. academic year 2018-19 and onwards Page 4 of 4 .
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