Private International Law

Private international law is a body of principals, rules and policies that determine which legal system and which jurisdiction apply to a given dispute. Such procedural principles, rules and policies typically apply when legal dispute has a foreign element such as a contact agreed by parties located in different states or countries.

As a result of migration, international trade and communications, legal relationships are increasingly cross state and national borders, giving rise to cross-state (multi-state) legal disputes.

Common law has traditionally classified private international law into three branches-

Jurisdiction – Whether the forum court has the power to resolve the dispute;
Choice of Law – Even where the forum court has and will exercise the jurisdiction to decide the matter, whether it will decide the case in accordance with the law of the forum or in accordance with the law of the forum or in accordance with the law of another state of country. Thus there can be a conflict over what state or country’s law will be applied to resolve the dispute; &
Recognition and enforcement of foreign judgment – Where the case has proceeded to judgment in another state or country, whether that judgment can be recognised and enforced in the forum.