Resolving the Conundrum of Jurisdiction in Conflict of Laws: A Private International Law Approach

  • Shatakshi Johri
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  • Shatakshi Johri

    Assistant Professor of Law & Faculty Convenor Technolawgy Society at School of Law, UPES, Dehradun, India

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Abstract

The purpose of this article is to study the modern concept of jurisdiction in conflict of law. With the advent of globalization and commercial transactions, the issue of jurisdiction takes a strategic position for the forums who decide disputes of such nature. With the increasing e commerce and cross border transactions, emerge the unique issue of ascertainment of jurisdiction in disputes at hand. There are various theories that support diverging approaching to tackle the conflict in jurisdiction. However, private international law has answers to this particular issue. This study analyses the development of this concept in common law countries. Its relevance in the present can be appreciated through the eyes of judges and various scholars of conflict of law espousing this issue. The modern concept of jurisdiction is unable to establish a nexus between the root of the problem and its solution. The concept of jurisdiction under private international law is not crystallized. The primary objectives of research are to come out with a comprehensive idea of jurisdiction under private international law. Further, to study various theories which cull out jurisdiction in conflict of law cases.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 2668 - 2685

DOI: https://doij.org/10.10000/IJLMH.116417

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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