Private International Law – Module 1
(Internals)
Part A – 2 Marks (Definitions / Concepts)
• Lex Loci Delicti: Law of the place where the tort was committed.
• Lex Fori: Law of the court where the case is heard.
• Renvoi: A conflict rule under which a court adopts a foreign country’s conflict rule.
• Forum Non Conveniens: A doctrine allowing courts to decline jurisdiction if another
forum is more appropriate.
• State Sovereign Immunity: Foreign states cannot be sued without their consent.
• Codification of PIL: Systematic recording of PIL rules in statutes or codes.
• Lex Situs: Law of the place where property is situated.
• Case on Renvoi: In re Annesley – succession dispute involving renvoi.
• Spiliada Case: Established forum non conveniens principle in English law.
• Lex Domicilii: Law of the person’s domicile, used in personal matters.
Part B – 3 Marks (Problem Questions – IRAC Method)
1. British company sues American company in India for contract breach; all acts in New
York.
Issue: Whether Indian court should hear the case or decline under forum non conveniens.
Rule: Forum non conveniens allows declining jurisdiction if another forum is more suitable
(Spiliada case).
Application: All acts occurred in New York, and parties are foreign. India is not a convenient
forum.
Conclusion: Indian court should decline jurisdiction.
2. English national dies domiciled in France, owns property in India. Which law applies?
Issue: Whether Indian court should apply French, English or Indian law under renvoi.
Rule: Renvoi doctrine allows a court to accept a reference back to forum or third country's
law.
Application: French law applies English law; court may accept English law under single
renvoi.
Conclusion: Court will apply English law.
3. Indian citizen sues US Embassy in India over employment. Embassy claims immunity.
Issue: Whether US can claim sovereign immunity in a contract dispute.
Rule: Restrictive immunity denies protection for commercial/private acts.
Application: Employment contract = private act. Immunity does not apply.
Conclusion: US is not immune. Indian court has jurisdiction.
4. German owns land in Kerala. Dispute over inheritance arises.
Issue: Which law governs immovable property succession?
Rule: Lex Situs – law of the place where property is situated.
Application: Property is in India. Indian law applies.
Conclusion: Indian law governs succession.
Part C – 5 Marks (Essay Answers)
5. Theories and Principles of PIL:
Discusses Lex Fori, Lex Loci Delicti, Lex Domicilii, Lex Situs, Proper Law. These principles
help resolve legal conflicts in cross-border disputes.
6. Doctrine of Renvoi:
Occurs when a foreign law refers back to forum law or another. Includes single and double
renvoi. Case: In re Annesley.
7. Jurisdiction in PIL:
Types: personal, subject-matter, territorial. Forum non conveniens applies. Ensures fair trial
location.
8. Spiliada Case and Relevance:
Established modern forum non conveniens rule. Defendant must show another forum is
clearly more appropriate.
9. State Sovereign Immunity:
Foreign states can’t be sued without consent. Absolute vs Restrictive immunity. Case: VC
Prabhakar v. Lufthansa.
10. Codification of PIL:
India has partial codification in CPC and personal laws. Much of PIL remains uncodified.
11. Lex Fori, Lex Loci Delicti & Lex Domicilii:
Lex Fori: procedure law; Lex Loci Delicti: law of tort location; Lex Domicilii: law of domicile.
Each applies in different conflict situations.
