Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/3048
Title: The Hague judgments project: assessing its plausible benefits for the development of the Indian private international law
Authors: Khanderia, Saloni
Keywords: Indian legal system
Hague Conference on Private International Law’s Judgment Project
Convention of 30 June 2005
Choice of Court Agreement
HCCA
Recognition and Enforcement of Foreign Judgments
Issue Date: 4-Jun-2019
Publisher: Commonwealth Law Bulletin
Citation: Khanderia, S. (2019). The Hague judgments project: assessing its plausible benefits for the development of the Indian private international law. Commonwealth Law Bulletin, 44(3), 452–475.
Abstract: At present, India is not a signatory to any international treaty or Convention that regulates the disputes arising from the international jurisdiction of courts or the recognition and enforcement of foreign judgments in transnational civil or commercial matters. These aspects are, consequently, regulated by the country’s private international law as espoused via case-law, in the absence of any codification of the rules on the subject. This has, therefore, exposed the Indian legal system to the threat of being unpredictable, inconsistent or even obsolete in some respects as far as the governance of international civil and commercial disputes are concerned. The paper, accordingly, investigates the plausible role that the two instruments presently under the scope of the Hague Conference on Private International Law’s Judgment Project, namely, the Convention of 30 June 2005 on Choice of Court Agreements [the HCCA] and the recent Proposed Draft Text on the Recognition and Enforcement of Foreign Judgments [the Draft Convention], may have on the development of the Indian legal system
URI: http://hdl.handle.net/10739/3048
Appears in Collections:JGU Research Publications

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