Torts in private international law

• Main Author: Ali Mohamed, Ashgar Ali
• Format: Book Chapter
• Language: English; English; English
• Published: CLJ Malaysia Sdn. Bhd. 2024
• Subjects: K Law (General); K600 Private Law
• Online Access: http://irep.iium.edu.my/116566/1/Chapter%2034%20Dr%20Hassan.pdf; http://irep.iium.edu.my/116566/2/Contents%20and%20preliminary%20pages.pdf; http://irep.iium.edu.my/116566/3/Index.pdf; http://irep.iium.edu.my/116566/

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.