Law & Legal Studies, Politics & International Studies

Private International Law in BRICS: Convergences, Divergences and Some Reciprocal Lessons

Private International Law in BRICS: Convergences, Divergences and Some Reciprocal Lessons

This book entails a comparative analysis of private international law principles in BRICS countries (Brazil, Russia, India, China, and South Africa), covering key aspects such as initiating claims in civil and commercial matters and enforcement of foreign judgments and arbitral awards, among others.

Authors

Stellina Jolly, South Asian University, New Delhi, India.

Saloni Khanderia, Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.

Summary

This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law.

The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards.

Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.

Published in: Private International Law in BRICS: Convergence, Divergence and Reciprocal Lessons

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