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Charuvila Philippose v. P.V. Sivadasan: Harmonizing India’s Civil Procedure Code and the Hague Service Convention
Written by George Jacob, Incoming Associate, Bombay Law Chambers
Globalisation has led to a rise in cross-border disputes, making international service of summons increasingly relevant. While domestic service in India is straightforward, sending summons to foreign defendants involves complex legal procedures. Proper service ensures that the defendant is duly notified and can respond, embodying the principle of audi alteram partem. Until recently, the procedure for international service in India was unclear. This ambiguity was addressed by the Kerala High Court in Charuvila Philippose v. P.V. Sivadasan.[1] This blog outlines the legal frameworks for international service, revisits the earlier Mollykutty[2] decision, and analyses the broader implications of Charuvila Philippose. Read more
Foreign Judgments and Indirect Jurisdiction in Dubai (UAE): One Step Forward, One Step Back?
I. Introduction:
In 2024, the Dubai Supreme Court rendered a significant decision on the issue of indirect jurisdiction under UAE law. Commenting on that decision (see here), I noted that it offered “a welcome, and a much-awaited clarification regarding what can be considered one of the most controversial requirements in the UAE enforcement system” (italic in the original).
The decision commented on here touches on the same issue. Yet rather than confirming the direction suggested in the above-mentioned decision, the Court regrettably reverted to its prior, more restrictive approach. This shift raises doubts about whether a consistent jurisprudence on indirect jurisdiction is taking shape, or whether the legal framework remains fragmented and unpredictable.
Enforceability Denied! When the SICC’s Authority Stopped at India’s Gate
Written by Tarasha Gupta, BALLB (Hons), Jindal Global Law School, and Saloni Khanderia, Professor, Jindal Global Law School (India)
The Singapore International Commercial Court (“SICC”) has become a preferred hub for hearing litigation and arbitration of international commercial disputes. Accordingly, many decisions from the SICC require recognition and enforcement in India.
In this light, a recent judgment from the Delhi High Court (“HC”) is a significant development providing relief to those wishing to enforce the SICC’s judgments in India. In Discovery Drilling Pte Ltd v. Parmod Kumar & Anr,[1] the HC has held that the SICC is a superior court under Section 44A of the Code of Civil Procedure, 1908 (“CPC”). As a result, its judgments can be directly executed in India. That said, the HC ultimately held the judgment in question to be unenforceable, as it failed to meet the tests in Section 13 of the CPC.
This article breaks down the arguments and legal context behind the HC’s judgment. It also highlights how the case demonstrates flaws in India’s regime, which create difficulties not just for creditors trying to enforce foreign judgments in India, but also in enforcing India’s judgments abroad. Read more
News
Choice of Law in the American Courts in 2025
The thirty-ninth annual survey on choice of law in the American courts is now available on SSRN. The survey covers significant cases decided in 2025 on choice of law, party autonomy, extraterritoriality, international human rights, foreign sovereign immunity, adjudicative jurisdiction, and the recognition and enforcement of foreign judgments.
The cases discussed in this year’s survey address (among other things) the situs of cryptocurrency, exploding batteries in e-cigarettes, the sale of an antique military tank, the validity of an Urfi marriage ceremony, whether the Hague Service Convention prohibits email service on defendants in China, the enforcement of a Philippine forfeiture judgment, and claims of expropriation by German authorities during the Soviet occupation after World War II.
This annual survey was admirably maintained by Symeon Symeonides for three decades. The present authors are pleased to have extended this tradition.
Publication and Webinar: ELI Report on the EU Parenthood Proposal
Yesterday, the Project Report of the ELI Project “Enhancing Child Protection: Private International Law on Filiation and the European Commission’s Proposal COM/2022/695 final”
It contains constructive amendments to the original Commission’s Parenthood Proposal and intends to bring it more in line with the acquis and general considerations of EU PIL. Furthermore, it puts the best interest of the child in the focus of the analysis.
Recent Publication: Towards Universal Parenthood in Europe
The recently published book Towards Universal Parenthood in Europe (Editoriale Scientifica, 2025), edited by Laura Carpaneto, Francesca Maoli, and Ilaria Queirolo, offers a timely and rigorous contribution to European private international law and family law scholarship.
This volume follows the convention reported at this blog here and likewise presents the results of the UniPAR – Towards Universal Parenthood in Europe project, an EU-co-funded research initiative that addresses some of the most complex legal challenges in cross-border parenthood. Bringing together expert authors from different universities across European Union, the book combines theoretical frameworks with practical insights into how parenthood is recognised and regulated across different Member States. Covering six EU jurisdictions (Spain, Belgium, Italy, Bulgaria, Croatia and Poland) the book provides comprehensive national reports and comparative analyses on key issues of jurisdiction, applicable law, adoption, recognition of decisions and birth certificates and judicial cooperation in parenthood matters. The contents are available here.
This scholarly work advances the debate on the need for coherence in legal frameworks governing parentage and family relationships in European Union, especially in contexts involving cross-border mobility, assisted reproductive technologies and the recognition of family statuses across Member States. The final conclusions and recommendations serve both academic and policy audiences, offering structured reflections on legislative gaps and potential paths towards harmonised rules in EU private international law.This is an essential resource that deepens understanding of the legal implications of cross-border parenthood and strengthens the foundation for future legislative reform in European Union.