Concepts of Choice of Law and Jurisdiction under Private International Law & International Contracts

  • Yusuf Kathawala
  • Show Author Details
  • Yusuf Kathawala

    Student at NMIMS Kirit P. Mehta School of Law, India

Abstract

In this paper we have focused on the concepts of Choice of Law and Jurisdiction under Private International Law. We shall be focusing mainly on the importance of these concepts during the formal execution of International Contracts. International contracts are becoming more relevant because corporations, firms and individuals are taking part in international forums to expand their enterprises, employees, charities, land exchanges, joint ventures or collaborations. A country must be adequately careful to respond to questions arising from cases concerning foreign contracts, and this can only happen when courts recognize the concept of jurisprudence. Sometimes it occurs that an advantageous party will attach jurisdiction provisions that support it and therefore then only the words of a clause, and not the true meaning of the parties, must be tested by that court. There are also situations in which parties have no competence provisions, and the court should consider the closest relation between the places in which they and the parties or corporations are permitted to go. Choice of Law is the selection of the appropriate law which has to be made as per the rules of Private International Law. Jurisdiction is meant to be the power of a court to hear and to adjudicate an issue on which a decision is sought. We shall further delve into the detailed explanation of these concepts with reference to the execution of International Contracts.

Type

Research Paper

Information

International Journal of Law Managment and Humanities,
Volume 4, Issue 2, Page 1154 - 1170

DOI: http://doi.one/10.1732/IJLMH.26298

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

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