Private International Law by vaibhav sharma @Lexcliq

Private International Law is a branch of Jurisprudence coming out from  the diverse laws of various nations that applies when private citizens of different countries interact or transact business with one another.

Private international law is a Law which also  refers to that part of the law that is administered between private citizens of different countries or is concerned with the definition, regulation, and enforcement of rights in situations where both the person in whom the right vests and the person upon whom the obligation rests are private citizens of different nations.

PIL is generally  sets procedural rules and regulations in terms of substantive law applicable to the relationship between the two parties. It includes the proper place for resolving the matters and the effect that a foreign judgment is to be issued. It is mainly  based on national or local legislation. Private International Law focus mainly  on individual-to-individual or business-to-business ties. Also called Conflict of Laws too.

In a conventional context, “conflict of laws” is also related  with the rule which takes place to resolve disputes  between the laws of various countries, or to determine which law is applicable.

Like for a Example , if Infosys had to supply software to a Russian buyer and the software failed, the buyer would probably want to sue Infosys in Russia. Private international law would easily  recognize the relevant domestic law and resolve issues related to the dispute between the two laws, one, rather than Russian’s law, and the other, perhaps India’s law, where Infosys has its headquarters.  Private international law also deals with the matter of the proper place for issues , such as could a court may exercise personal authority over a foreign party and impose any judgment beyond the authority of the country in which it was entered.

So basically we can say that PIL  is a set of rules and regulations that are established or agreed upon by citizens of different nations who privately enter into a Contract or agreement  and that will govern in the event of a dispute. In this prespective  the private International Law differs from PIL , which is the set of rules entered into by the governments of various countries that determine the rights and regulate the intercourse of their independent nations.

Cheshire –“Private International Law is that part of Law which comes to play when the issue before the court affects some fact, event or transaction that is so closely connected with a foreign system of law as to necessitate recourse to that system”.

Now lets talk about Scope And Character of PIL which are as follows-

  • The main scope is that  in the conflict of laws it  has generally been upon the rules used to select international law these rules being called choice-of-law rules.
  • It is also basic  to include in the subject matter of the conflict of laws various related matters pertaining to the jurisdiction of courts and to the degree of respect due international  judgments, but in the main the classical problems in the field have been created by legal transactions in which the private law of more than one legal unit is potentially applicable and a choice must be made between the competing claims.
  • For past of many years judges and scholars have been confused  in their search for acceptable procedures and for the criteria with which to conduct the search itself.

Thank you

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