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Private International Law
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 – ...
Enforcement of Foreign Arbitral Awards and the Public Policy Exception
The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book ...
China's One Belt One Road Initiative and Private International Law
The concept of the One Belt One Road initiative (OBOR) was raised by the President of the People’s Republic of China in October 2013. The OBOR comprises the ‘Silk Road Economic Belt’ and the ‘21st Century Maritime Silk Road’, encompassing over 60 countries from Asia to Europe via Southeast Asia, South Asia, Central Asia, West Asia, and the Middle East. The overall objective of the OBOR is to encourage the economic prosperity of the countries along the Belt and Road and regional economic cooperation, encourage mutual learning between different civilizations, and promoting peace and development. However, countries along the Belt and Road routes of the OBOR project have diverse laws a...
Critical International Law
"Generally perceived as a means to organize relations between nations, international law could also become a critical lens in understanding the nature and function of the world order. A number of researchers have worked in this area, unearthing its paradoxes and discursive terrains through a range of issues like globalization, environment, human rights, and investment laws. With contributions by established as well as promising scholars across the globe, this work explores the numerous issues that currently confront international law. The essays deliberate on both theories of international law and issues of interpretation. Three main streams representing critical international law have been ...
60 Years of the New York Convention
Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention’s 60th anniversary, provides a fully updated analysis of the Convention’s application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book’s 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the...
Blurry Boundaries of Public and Private International Law
This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationsh...
Religion, Fundamentalism, and Violence
This is a fine collection of high-quality essays centered on a topic of continuing concern and relevance. The interactive-dialogical style is particularly valuable since it integrates the collection as a whole. In his introduction Andrew Gluck's heuristic approach frames the questions and issues well, preparing the reader for the main chapters. Not only will this work interest scholars, but it could also serve as an excellent interdisciplinary reader for a course on "Religion and Terror" in a cross-cultural setting, for example, in the context of comparative religions or topics in the history of religions. - Alan M. Olson, Professor of Philosophy and Religion, Boston University --Book Jacket.
Arbitration Reforms in India - The Case for Third Party Funding of Arbitral Claims
Third Party Funding of arbitral claims has witnessed a phenomenal interest in recent times, especially because of the increase in volume and variety of participants and stakeholders, presenting reasons for cautious excitement and a few concerns about regulation of such diversity. The presence of an external party allowed a perception that arbitral proceedings may be viewed as an investment portfolio feature. Ensuring increased access to justice for claimants and possibly, to respondents with counter-claim, the mechanism, nevertheless, raises pertinent concerns with regard to the funder(s) influence on tribunal composition, the arbitral process, amongst others. The phenomenon's tryst with regulation has been an interesting journey so far, traversing from traditional doctrinaire barriers like champerty, to self-regulation, and law reform in a few jurisdictions. This research paper attempts to trace the wherewithal of third-party funding, the diversity of its models, and the regulatory efforts in jurisdictions. Tracing the sparse content of law impacting third-party funding in India, the research also attempts to string a few suggestions for law reform effort.
