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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
[OUT NOW] Yeshniyazov and Abdel Mottaleb on Kazakhstan, in International Encyclopaedia of Laws – Private International Law (Kluwer Law International)
Private international law in post-Soviet Central Asian countries is clearly underrepresented in the literature, despite the fact that countries such as Kazakhstan and Uzbekistan have fairly detailed legislation on international jurisdiction, applicable law, and the enforcement of foreign judgments. (For a general overview of Kazakhstan, see the entry on the country in J. Basedow et al. (eds), Encyclopedia of Private International Law, Vol. III (Edward Elgar), p. 2229, and the English translation of the relevant provisions in Vol. IV, p. 3358.) Read more
Making private law resilient: The role of private litigation in a democracy – PhD scholarship at Leuphana University Lüneburg, Germany
Axel Halfmeier (Leuphana University Lüneburg, Germany) has kindly shared the following advertisement for a 3-year PhD scholarship with us, which will be part of a research project on ‘Making private law resilient: The role of private litigation in a democracy’.
The research project will investigate the role of private litigation in a democracy, in particular collective litigation, public interest actions or strategic litigation. There is an ongoing discussion about these phenomena and whether they support deliberative democracy by empowering citizens or are anti-democratic in the sense that they transfer excessive power to the judiciary in political questions. To answer this question, normative (legal doctrine, legal theory, political theory) but also empirical approaches are possible. The project can also focus on specific areas of private law, such as media and data protection law, climate litigation, capital markets or tort law in general. The exact study design will be discussed with a view to the interests and qualifications of the candidate.
Application deadline is October 1st, 2025.
Further information on the ‘Embracing Transformation’ scholarships can be found here.
Further information on the specific research project on ‘Democratic Resilience’ is available here.
Questions may be directed to Axel Halfmeier.