Torts in private international law

Ali Mohamed, Ashgar Ali (2024) Torts in private international law. In: LAW OF TORTS IN MALAYSIA. CLJ Malaysia Sdn. Bhd., Ampang, pp. 755-790. ISBN 978-967-457-200-6

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Abstract

This chapter mainly discusses the application of “private international law” – also referred to as the “conflict of laws” – in torts cases. This subject, in essence, is related to three major factors in deciding a civil case that involves foreign elements, such as which forum has the jurisdiction to try the case; the law of which State is applicable to legal issues; and the issues related to the recognition of foreign judgments. Generally, issues of “conflict of laws” may arise in domestic court and arbitral tribunal. Hence, the jurisprudence related to private international law may vary from country to country. In essence, the principles of private international law are seen to be a set of rules developed by courts to determine which law is to be applied in an action commenced in a State where two or more courts of different States seem to have jurisdiction and/or two or more laws of different States seem to be applicable to the dispute at hand.

Item Type:	Book Chapter
Uncontrolled Keywords:	TORTS IN PRIVATE INTERNATIONAL LAW
Subjects:	K Law > K Law (General) K Law > K600 Private Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	10 Dec 2024 15:30
Last Modified:	10 Dec 2024 15:37
URI:	http://irep.iium.edu.my/id/eprint/116566

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