The Hague judgments project: assessing its plausible benefits for the development of the Indian private international law

At present, India is not a signatory to any international treaty or Convention that regulates the disputes arising from the international jurisdiction of courts or the recognition and enforcement of foreign judgments in transnational civil or commercial matters. These aspects are, consequently, regulated by the country’s private international law as espoused via case-law, in the absence of any codification of the rules on the subject. This has, therefore, exposed the Indian legal system to the threat of being unpredictable, inconsistent or even obsolete in some respects as far as the governance of international civil and commercial disputes are concerned. The paper, accordingly, investigates the plausible role that the two instruments presently under the scope of the Hague Conference on Private International Law’s Judgment Project, namely, the Convention of 30 June 2005 on Choice of Court Agreements the HCCA] and the recent Proposed Draft Text on the Recognition and Enforcement of Foreign Judgments the Draft Convention], may have on the development of the Indian legal system. While the HCCA is already in force with three ratifications till date, the Draft Convention is merely in the form of a draft text that would hopefully see the light of the day, depending upon the consensus between the Members of the Hague Conference. Apropos, this paper identifies the loopholes in the relevant rules of the Indian private international law on the international jurisdiction of courts and the recognition and enforcement of foreign judgments and demonstrates the manner in which, these aspects may be addressed if the country endorses the two instruments under the Judgments Project.