Conflict of Laws

Conflict of Laws is a field of law which is not widely known to the ordinary law practitioner. It has to be considered only if a particular litigation has a foreign element as, for example, when the contract in issue was entered into in another country or was to be performed in another country.

This is only one example, and there are numerous other situations where the principles of conflict of laws may have to be applied- if parties were married abroad; if the deceased was domiciled abroad; if the company was incorporated abroad, etc. Resort to the rules of conflict of laws may be necessary in the most diverse situations. This branch of law is likely to be of growing importance in India as there is increasing international trade, more cross-border investment and, as increasingly, more Indians live and settle outside India.