Dr. Risham Garg, Associate Professor of Law, National Law University Delhi
Dr. Anton Zimmermann, Post-Doctoral Research Scholar, Institute for Comparative Law, Conflict of laws and International Business Law, Faculty of Law, Heidelberg University

For Professionals / Lawyers = Rs. 25,000
For Academics = Rs. 10,000

Tuesdays, Thursday 04:30 pm - 6:30pm (2x2 hours class weekly)

The field of transnational dispute resolution encompasses substantive and procedural aspects of public and private transnational and international dispute resolution in a range of institutional settings, ranging from national courts to ad hoc arbitral tribunals to permanent international courts and tribunals. It includes topics such as forum non conveniens, choice of law, enforcement of judgments, and cross-border evidentiary issues. Investment arbitration, conciliation, conflict resolution, and other forms of dispute resolution are also included in this area of practice.

Transnational commercial law consists of that set of rules, from sources such as conventions, treaties, domestic legislation and commercial customs or usages, which governs international commercial transactions and is common to a number of legal systems. Unlike international economic law which focuses on dealings between states, the focus here is on private law and on transactions, particularly cross-border transactions. An awareness of such legal principles is vital for any legal professional if they wish to be prepared for the challenges of legal practice in a globalised world, where many of them will be faced with cross-border dealings on a daily basis.

Last few decades have witnessed a phenomenal increase in cross-border movement of goods and people. Undoubtedly, a natural consequence of the above is proportional increase in cross-border disputes arising from the commercial transactions and personal relationships involving foreign elements. Despite the fact that alternative dispute resolution methods have emerged as preferred choices for resolving commercial as well as family disputes, litigation continue to play an important role in dispute resolution. Courts’ role is important as supervisory mechanisms to support ADR and also as default mechanisms in case of lack of consensus amongst parties with respect to an ADR mechanism. Private international law is that part of any national legal system which determines how foreign elements are treated in courts of law in private law relations. In other words, it is that branch of law which helps to resolve conflicts which arise when one more than one legal system claims application for resolution of any dispute. This branch helps find answers to questions such as: where to sue; which law to apply in resolution of a dispute; and what would be the status of resolution achieved in one national jurisdiction in another one.

In principle, Private International Law is primarily part of the national legal system. There are, however, several international institutions, which attempt to codify and modify rules of Private International Law through supranational regimes. Whilst studying the main characteristics of Private International Law, students will be introduced in this course to PIL issues in various fields of law (contracts, torts and family matters). Main focus of this course is India private international law rules, however, particular attention will be given to the work of the Hague Conference on Private International Law, the United Nations Commission on International Trade Law (UNCITRAL), and the International Institute for the Unification of Private Law (UNIDROIT) and also to the expanded role of the European Union institutions in the development and implementation of rules of private international law.

Digitalisation is one of the main sources for cross-border cases today: Individuals use cloud computing with the help of servers located abroad, effortlessly communicate around the globe online and invest in decentralized crypto assets and companies. Digitalisation has thereby brought about new challenges for Private International Law: Which law should, for example, be applied to an asset without a (clear) location? How should we deal with online defamations which can be seen by people everywhere around the globe? And may courts use the opportunities technology provides (such as international video conferencing) to facilitate proceedings? Those are just a few of the pressing questions of digitalisation and Private International Law the course seeks to address.

• Demonstrate understanding about main differences between different legal orders in the world
• Analyse the foundational principles of private international law and its connection with the phenomena of globalisation, privatisation and liberalisation
• Acquire clear understanding of Indian private international law rules applicable to three main issues this domain is concerned with: (i) acceptance or denial of jurisdiction by the Indian courts in matters involving foreign elements, (ii) application of foreign law by Indian courts in resolving disputes involving foreign elements, (iii) recognition and enforcement in India courts of judgements/decrees/orders obtained from a foreign country/jurisdiction
• Develop familiarity with private international law regimes which have been developed by the European Union institutions, in the form of conventions, regulations and case law, and other institutions such as the Hague Conference on Private International Law.
• Analyse the impact of private international law from comparative and international perspectives, and in the context of social and cultural diversity.

The course will be imparted mostly through a series of classes structured in a manner to start with the laws applicable and moving towards living through a transaction and its various moving parts and documents. The course would have situations to provide a hands-on journey to structure and execute a variety of transactions

There will be two 2 hr classes per week. Through readings class discussions and case studies the seminar will focus on developing theoretical and practical understanding the the subject.

Module 1: Understanding Transnational Commercial Law
Different Legal Orders in the World: An Overview. Theory and Practice of Private International Law. The Unification Efforts.Important Concepts of Private International Law: The Connecting Factors (domicile, nationality, residence) and Characterisation

Module 2: Applicable Law in Cross-border Commercial and Civil Disputes
Applicable Law in International Commercial Matters: Choice of Law Rules and Choice of Law Clauses (Harmonisation Efforts in EU- Rome I and II)
Applicable Law in International Commercial Matters: Indian Private International Law Rules, Mandatory Rules, Public Policy and Restrictions on Party Autonomy Exclusion of Foreign Law and Matters relating to Substance and Procedure

Module 3: Key Legal Issues in Transnational/International Commercial Litigation
(i) Dispute Resolution Clauses; Jurisdiction; Choice of Court Agreements/Jurisdiction Clauses: Drafting and enforcement; Parallel Proceedings and Injunctions;
(ii) Applicable Law- choice of law clauses, determination of applicable law by courts; Mandatory Rules, Public Policy; Exclusion of Foreign Law; Applicable law in quasi-contractual matters
Private International Law Issues in Cyber Space: E-transactions, Defamation in Cyber Space, Civil Infringements in Cyber Space
Key Legal Issues with Crypto assets; jurisdiction, classification

Module 4: Enforcement of Foreign Judgements and International Civil Procedure
International Approaches on Enforcement of Foreign Judgments: ‘Judgements Convention’
International Civil Procedure: Legal and Judicial Co-operation amongst world jurisdictions, Service of Process and Documents, Taking Evidence Dealing with Parallel Proceedings: Anti-Injunctions and Stay of Proceedings Enforcement of Foreign Judgements and Decrees: Foreign Judgements. Case Studies on Law and Technology

Module 5: Emerging issues in Transnational Commercial Law
International Investment Contracts
Digital Assets
Comparative Insolvency and Bankruptcy