Judges of superior courts in India lean heavily on English case-law and on the views of renowned English jurists, like Dicey and Cheshire, in deciding cases on private international law or conflict of laws. The time has come to evolve our own system of conflict of laws as did American Courts and American jurists in the course of the last two hundred years. This work deals with cases that call for comment in the three main areas of the subject, namely the law of obligations, the law of persons, and the law of property, besides cases that call for comment in respect of foreign judgments and foreign arbitral awards, as also the law relating to procedure. The author critically analyses the leading Supreme Court cases, and provides his perspective on the application of law in each case. The idea is to state where judges went wrong in deciding complicated cases dealing with private international law so that corrective measures can be taken in future. The work aims to educate judges to decide accurately the cases involving complex legal issues of extraterritorial application of laws.

Conflict of laws, or private international law, has assumed great importance due to increasing movement and relocation of large number of people from one jurisdiction to another for personal and professional reasons. Despite the existence of rules and principles, there is a general uncertainty on issues such as commercial transactions, family law relationship, personal law subjects, and laws relating to property. This book is a detailed and up-to-date study of conflict of laws and focuses on its three main areas: the law of obligations, law of property, and law of persons. This updated edition provides a fresh perspective on the subject and analyses its significance in the dynamic contemporary world. The work not only lucidly examines the inter-territorial conflicts but also lays a special emphasis on inter-personal disputes in the Indian context. The work also evaluates the role of various international instruments and conventions including The Hague Convention on private international law designed to resolve international conflicts. The book also discusses critical issues such as habitual residence, domicile, and obligations for shaping foreign contracts and torts. This edition includes a comprehensive introduction and recent cases, which will help readers understand the changing paradigm within the discipline.