Private International Law South Asian States Practice [Hardcover]

This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law  jurisdiction, choice of law and enforcement  within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region  inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.

Introduction

Thematic Statement

Section I. Contemporary Discourse on Private International Law  Some Strands

 1.       South Asian Legal Systems and Families in Foreign Courts: The British case --  Prakash A. Shah, Reader in Culture and Law, Queen Mary University of London

 2.       Choice of Law in International Commercial Arbitration - Markus Petsche, Associate Prlsß