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THE ICFAI UNIVERSITY SIKKIM

Faculty of LAW
Course Handout
(IX) Semester: JULY to DECEMBER, 2015
Course Code

Course Title

LL462

Private International Law

1. Instructor-in-charge

:
(Mr. PRITAM SUBBA, E MAIL: subbapripan@iusikkim.edu.in
Ph. No.: 9832370464

2. Scope & objective of the Course:


This subject is the other half of international law(other being Public Int. Law). The
main objective of this course to make the students aware of various legal problems
that can arise when nationals of two or more countries are involved especially in
civil matters like contract, marriage, succession etc. Since very few laws, rules and
conventions are there on the topic so this course will try to inform the students
about pvt. int law through decided cases, which gives an insight into the actual
content and limitations of Pvt. Int Law. By the end of the course the students should
be well informed about the choice of jurisdiction, choice of law and execution of
foreign decrees in relation to Pvt. Int . Law.

3. (a) Textbooks(s)
Private International Law in India(2nd edn)

F.E. Noronha

(b) Reference books(s)


Various articles from newspapers, magazines
and internet
Other Readings:
www.academia.edu/8650703/Private-International-Law-Notes
www.slideshare.net/ivanbechara/private-international-law
http://www.scribd.com/doc/44220856/Conflict-of-Laws-Private-International-Law-Notes#scribd
https://en.wikipedia.org/wiki/Conflict_of_laws
www.nexusnotes.com/downloads/private-international-law/
www.nadr.co.uk/.../PrivateInternationalLaw/001%20LECTURE

4. Lecture-wise plan

Lecture/Sessio
n Nos.
1.

2.

3.

4.

5.

6.

7.

8.

9.

Learning
Objectives
To look into the
actual meaning
of the term
To look into the
various
definitions
given by
emeinent jurist
for the term Pvt.
Int Law
To find out the
differences
between Pvt. Int
law and other
branches of law.
To know about
the
circumstances
when a foreign
national or
foreign law is
involved
To find about
the purpose or
aim of pvt. Int
law
To look into the
various aspects
from where the
concept of Pvt.
Int law has
developed.
To know about
the concept of
the elements
that leads to
conflict of law
To know about
the true meaning
of selecting the
place to institute
suits/proceeding
s
To know about
the two kinds of

Topics to be
covered
Pvt. Int LawMeaning.
Pvt. Int LawDefinitions
given by
eminent
jurists
Differences
between
Pvt. Int Law
and other
laws

Reference
(Chapter/Sec/Page Nos of
Text/Reference)
Ch.1pg. 2

Ch.1pg. 3

www.slideshare.net/ivanbechara/
private-international-law

Ch.4 pg .53
Foreign
Element

Objectives
of Pvt. Int
Law

Sources of
Pvt. Int. Law

Foreign
element and
foreign
complexion

Ch.3 pg.28

www.academia.edu/8650703/Pri
vate-International-Law-Notes

www.academia.edu/8650703/Pri
vate-International-Law-Notes

Ch.4pg.53
Choice of
jurisdictionIntroduction
Traditional
rules of

Ch.4pg.55

traditional
jurisdiction.
10.

11.

12.

To know about
the procedures
relating to
jurisdiction that
are followed in
India
To know about
the rules
regarding
jurisdiction in
US
To know about
the rules of
jurisdiction
related to
companies.

jurisdictionIn personam
and In rem
Ch.4pg.56
Rules of
jurisdiction
in India

Evolution of
in personam
in the US

Ch.4pg.5358

Jurisdiction
over
companies
in Pvt. Int
Law

Ch.4pg.59

13.

To know about
the rules of
jurisdiction with
regard to
diplomats

Sovereign
and
diplomatic
immunity to
jurisdiction

Ch.4pg.62

14.

To know about
the laws in India
relating to
jurisdiction
regarding to
diplomats

Indian law
on
foreigners
sovereign
and
diplomatic
immunity to
jurisdiction

Ch.4pg.63

15.

To know about
the main
reasoning
behind the
Mareva ruling..
Take have a
look into the
actual
application of
various rules of
jurisdiction in
India.
To know about
the true meaning
of choosing of

16.

17.

Ch.4pg.68
Mareva
Injunction
Ch.4pg.53-70
Indian Case
laws relating
to
Jurisdiction
Choice of
LawMeaning

Ch.5 pg72

18.

19.

20.

21.

22.

23.

24.

25.

rules to be
applied for a
proceeding
To know about
criteria in
choosing a law
to be applied.
To know about
the laws that the
parties wants
their contract to
be governed
with
To know about
which is law to
be applied in
absence of predefined
agreement
To know about
the laws that
makes Indian
Law applicable
in foreign
countries/
federal states
also.
To look into
case laws where
there was extra
territorial
application of
Indian Law
To look into
case laws where
there was extra
territorial
application of
Indian Law.
To know about
the true meaning
of domicile in
the context of
Pvt. Int. Law .
To know about
the true meaning

Steps in
Choice of
Law

Ch.5 pg74

Ch.5 pg75
Proper Law
in
International
contracts
Test of
reasonable
man-In
absence of
agreement
of law to be
applied

Extra
Territorial
operation of
Indian Law

Case laws
relating to
Extra
Territorial
operation of
Indian Law-I
Case laws
relating to
Extra
Territorial
operation of
Indian Law-II
Domicile
-Meaning
Domicile of
Origin

Ch.5 pg77

Ch.5 pg79

Ch.5 pg79-82

Ch.5 pg79-82

Ch.6 pg.93

Ch.6 pg.95-97

of domicile of
origin.
26.

27.

28.

29.

30.

31.

32.

33.

34.

To know about
the true meaning
of domicile of
choice.
To know about
the legality of
illegal residence
in contemplating
domicile of
choice.
To know about
the various
provisions under
Indian Law
regarding
domicile
To know about
the relationship
between the two
To know about
the various ways
of drafting of a
FIR via samples
of the same
To know about
the true meaning
and connection
between the two
To know about
the application
of pvt. Int. law
in matters of
marriage and
divorce of int.
nature
To know about
the laws related
to custody of
children in cases
of int. nature
To know about
the rules and
practices related
to Intellectual
Property in Pvt

Domicile of
Choice

Ch.6 pg.100

Illegal
Residence

Ch.6 pg.101

Indian Law
on Domicile

Ch.6 pg.102

Citizenship
and
Residence

Ch.6 pg.103

Citizenship
and State
domicile

Ch.6 pg.105-110

Personal and
Property
lawMeaning

Ch.7 pg.112

Ch.7 pg.113
Matrimonial
matters and
transnationa
l divorce
Ch.7 pg.118
Custodyofchi
ldren
Intellectual
Property in
Pvt. Int Law

Ch.7 pg.129

Int Law
35.

36.

37.

To know about
the extent of
application of
foreign
judgment in
India
To know about
the
countries
that India has
declared to be
the reciprocating
territories
for
execution
of
decrees of the
superior courts.
To look into the
application of
law in various
cases
for
interpreting
clauses of sec.
13 of CPC

Recognition
of foreign
judgment is
India

Ch. 9 pg. 193

Reciprocatin
g Territories

Ch. 9 pg. 194

Principles :
Interpretatio
n of clauses
of section 13
of CPC with
help of
decided case
laws- I

Ch. 9 pg. 196

38.

To look into the


application of
law in various
cases
for
interpreting
clauses of sec.
13 of CPC

Principles :
Interpretatio
n of clauses
of section 13
of CPC with
help of
decided case
laws- II

Ch. 9 pg. 197

39.

To know about
the true meaning
of foreign award
in Indian
context
To know about
the impact of
public policy
over foreign
awards
To summarize
the various rules
relating to
acceptance of

Foreign
awardMeaning

Ch. 9 pg. 203

Public Policy

Ch. 9 pg. 207

Summary of
Indian Law
on
Recognition

Ch. 9 pg. 215

40.

41.

42.

43.

44.

45.

foreign
judgment in
India

and
enforcement
of foreign
Judgment

To know about
concept of
arbitration and
its link with pvt.
Int. law.
To look into the
various rules
relating to int.
arbitration

International
ArbitrationIntroduction

Ch. 8pg. 148

Rules
relating to
arbitration
proceedings

Ch. 8pg. 157

To try and come


up with
suggestions that
can simplify and
give more
substance to
Pvt. Int Law esp
in India
To try and come
up with
suggestions that
can simplify and
give more
substance to
Pvt. Int Law esp
in India

Suggestions
to improve
Pvt. Int Law(
esp. in
India)-I

Suggestions
to improve
Pvt. Int Law(
esp. in
India)-II