Although the development and codification of rules and principles of private international law (PIL) in India are nascent, this book provides detailed insights into their fundamental aspects. Jolly and Khanderia, from South Asian University, New Delhi and O.P. Jindal Global University, Sonipat, respectively, update those PIL issues of jurisdiction, choice of law, and recognition and enforcement of foreign judgments, decrees, and arbitral awards. Professor Jolly has also co-edited a book on PIL discussing the state practice of South Asian countries.Footnote ¹

Part I sets out the general background (Ch. 1) including connecting factors, domicile, nationality, residence, and renvoi (Chs. 2 and 3). The authors then contextualize Indian PIL with its origin in British rule and following English law doctrines (Chs. 2–4). Part II (Ch. 5) deals with jurisdictional aspects of PIL in international civil and commercial matters, which are dominantly governed by the Civil Procedure Code (CPC) of India. However, with the emergence of online commercial transactions, the problem of ascertaining the court's jurisdiction is a challenging task before the Indian judiciary. Part III is entirely dedicated to family law dimensions of PIL, noting that it requires systematic codification because judicial practice on family law matters of PIL is fragmented. Part IV discusses the applicable law in contractual (Ch. 10) and non-contractual obligations in India (Ch. 11). After making a comparative study of the European Union (EU), the United Kingdom, Russia, China, Australia, Canada, and Nepal, the authors find that the application of the “proper law of contract theory” is problematic due to its diverse interpretations made by the Indian judiciary. While the applicable law in contractual matters depends on the parties’ express choice, the same in non-contractual issues seems to be suffering from the traditional but obsolete common law doctrine of “double actionability rule”. Part V analyses the process of “recognition and enforcement” of foreign judgments (Ch. 12) and foreign arbitral awards (Ch. 13) in India. While the former is governed by the CPC's provisions along with the principles of reciprocity, undefined notions of natural justice and public policy, and international competency of a foreign court under Indian law, the latter is exclusively dealt with under the Arbitration and Conciliation Act 1996, which gives effect to the provisions of the 1958 New York and the 1927 Geneva Conventions. Finally, Part VI (Ch. 14) concludes the observations made in the earlier chapters and proposes a way to further study PIL concerning India. Overall, the authors consider that, although India is not necessarily required to ratify “all” Hague Conventions dealing with different aspects of PIL, it should develop a transparent and robust system of PIL aimed at fostering predictability and certainty, leading to harmonization of the rules and principles of PIL. In doing so, it is suggested that India can ratify a few of the relevant Hague conventions, such as the Hague Principles of Choice of Court Agreements 2005, and the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. The need for harmonization is likely to increase because of the need to address new challenges emerging from issues pertaining to intellectual property and the internet.

Thus, scholars and lawyers can take this study forward and contribute to the further clarification of nuances of PIL. The book is equally helpful to policy and lawmakers, especially the Law Commission of India, the National Commission for Women and Child, and the Law Ministry, for developing a coherent understanding of PIL issues involving family and commercial law. Furthermore, the policy and lawmakers of other neighbouring countries can refer to this book, as most of them, including India, follow a common law system where their respective higher level judiciary frequently relies on and is influenced by judicial dictum from the Indian Supreme Court. Finally, since PIL in most South Asian countries is at an embryonic stage, this book is of immense significance because it provides comparative examples of PIL from developed and developing countries.