CPL214 | Principles Of Conflict Of Laws

Conflict of Laws, or Private International Law, is the body of rules that come in to operation when a domestic court is faced with a case involving a foreign element. With greater movement of people and transactions across borders, issues involving transnational elements are common. Understanding the basic principles of Conflict of Laws would equip the students with the ability to appreciate and solve such situations. The course is a standalone course requiring no specialized knowledge. The course focuses on three main issues: jurisdiction, choice of Law, and recognition of foreign judgments/awards. In addition to the fundamental principles, Conflict of law principles governing specific areas such as matrimonial disputes, contracts, torts, intellectual property, and arbitration are included.

As far as course materials are concerned, a heavy reliance on case laws is made, as the principles are primarily developed through judicial decisions. English case laws are used to discuss the fundamental concepts, as they are extensively followed by Indian courts. Indian judicial decisions, wherever appropriate, are suggested as readings. Academic writings are mostly included to discuss the unsettled or developing areas. In addition, Hague Conventions on Conflict of Laws shall also become part of the discussions on each relevant topic.

The pedagogical method would be lectures and Socratic discussions. The course will start with an introduction to the subject, defining its nature and scope. An attempt will be made to differentiate it from Public International Law while highlighting areas where both may interconnect. The second week is dedicated to developing a firm understanding of the operational concepts of the subject. Next, the question of jurisdiction will be deliberated, looking into both traditional and modern approaches. Four sessions are dedicated to matrimonial disputes, where jurisdictional issues, choice of law issues, and recognition issues concerning validity of marriage, divorce, and custody of children shall be discussed. Further Conflict of rules governing specific areas such as contracts, torts, and property shall be addressed. Finally, the rules governing recognition and Enforcement of foreign judgments and arbitral awards shall be covered.