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Conflict of Laws · Unit 2

Jurisdiction and the Enforcement of Foreign Judgments

Unit 2 of Conflict of Laws (syllabus: Module II — the bases on which a court takes jurisdiction in a case with a foreign element, forum non conveniens and anti-suit injunctions, and the recognition and enforcement of foreign judgments). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • What does jurisdiction mean in this subject, who may sue, and who is immune from suit?
  • What is the difference between a judgment in rem and a judgment in personam, and are judgments in rem really binding on all the world?
  • What does actor sequitur forum rei mean, and is a judgment given without personal jurisdiction a nullity?
  • On what grounds does a court take jurisdiction in personam, and how does the Indian scheme differ from the English?
  • How does an Indian court exercise admiralty jurisdiction in rem over a vessel?
  • When will a court that has jurisdiction refuse to exercise it?
  • Why are foreign judgments enforced at all, and on what grounds may recognition be resisted at common law?
  • How is a foreign judgment given effect in India, and what are the two routes?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Full case summaries

Exam questions on this unit

In this paper