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Foreword; Acknowledgement; Contents; Editors and Contributors; Introduction; Contemporary Discourse on Private International Law-Some Strands; 1 South Asian Legal Systems and Families in Foreign Courts: The British Case; Abstract; 1 Britain in Europe: The Basic Recognition Framework; 2 Euro-South Asian Comparisons in Family Regimes; 3 Immigration and Multiculturalism; 4 South Asians and Sharia: Official, or Not?; 5 Conclusion; 2 Choice of Law in International Commercial Arbitration; Abstract; 1 Discretion of Arbitral Tribunals in the Determination of the Applicable Domestic Law.
1.1 Recognition of Arbitral Discretion in Arbitration Conventions, Laws, and Rules1.2 Specific Methodological Approaches Followed by Arbitral Tribunals; 1.2.1 Application of the Domestic Conflict Norms of the Place of Arbitration; 1.2.2 Cumulative Application of Domestic Conflict Norms; 1.2.3 Application of General Principles of Choice of Law; 1.3 Explanation of Arbitral Discretion; 1.3.1 Absence of an Arbitral Forum (and of an Arbitral Lex Fori); 1.3.2 Predictability and Legitimacy of Choice-of-Law Determinations.
2 Right of Arbitral Tribunals to Apply Transnational, Rather Than Domestic, Law2.1 Legislative Recognition of the Right of Arbitral Tribunals to Apply Transnational Law; 2.2 Application of Transnational Law in Practice; 2.2.1 Application of the Tronc Commun; 2.2.2 Application of the CISG as Part of Transnational Law; 2.2.3 Application of the UNIDROIT Principles; 2.3 Rationale Underlying the Application of Transnational Law; 2.3.1 Neutrality; 2.3.2 Suitability as a Set of Rules Governing International Business Transactions; 3 Conclusion.
3 The Hague Convention on Choice of Court Agreements-Should the European Union's Footsteps Be Followed?Abstract; 1 Analysis of Key Provisions on the Effectiveness of the Exclusive Jurisdiction Clause; 2 Analysis of the Key Provisions Relating to the Recognition and Enforcement of Judgments; 3 Conclusion: Should the European Union's Footsteps Be Followed?; Private International Law in South Asia-States' Practice in Family Law; 4 Conflict of Laws-State Practice in Afghanistan; Abstract; 1 Afghanistan's Legal System-An Overview; 2 Jurisdiction; 3 Choice of Law; 3.1 Commercial Transactions.
3.1.1 Choice of Law-Afghanistan's Commercial Code, 19553.1.2 Choice of Law-Afghan Civil Code; 3.1.3 Choice of Law Based on the Law on Commercial Contracts and Selling Property (LCCSP); 3.2 Choice of Law with Regard to State Contracts; 3.3 Choice of Law-Personal Status; 3.3.1 Applicable Law in Marriage; 3.3.2 Applicable Law in Divorce; 3.3.3 Applicable Law for Inheritance and Wills; 3.4 Choice of Law in Property Transactions; 4 Recognition and Enforcement of a Foreign Court Judgment; 4.1 Institutional Mechanisms for the Enforcement a Foreign Judgment; 5 Conclusion.
1.1 Recognition of Arbitral Discretion in Arbitration Conventions, Laws, and Rules1.2 Specific Methodological Approaches Followed by Arbitral Tribunals; 1.2.1 Application of the Domestic Conflict Norms of the Place of Arbitration; 1.2.2 Cumulative Application of Domestic Conflict Norms; 1.2.3 Application of General Principles of Choice of Law; 1.3 Explanation of Arbitral Discretion; 1.3.1 Absence of an Arbitral Forum (and of an Arbitral Lex Fori); 1.3.2 Predictability and Legitimacy of Choice-of-Law Determinations.
2 Right of Arbitral Tribunals to Apply Transnational, Rather Than Domestic, Law2.1 Legislative Recognition of the Right of Arbitral Tribunals to Apply Transnational Law; 2.2 Application of Transnational Law in Practice; 2.2.1 Application of the Tronc Commun; 2.2.2 Application of the CISG as Part of Transnational Law; 2.2.3 Application of the UNIDROIT Principles; 2.3 Rationale Underlying the Application of Transnational Law; 2.3.1 Neutrality; 2.3.2 Suitability as a Set of Rules Governing International Business Transactions; 3 Conclusion.
3 The Hague Convention on Choice of Court Agreements-Should the European Union's Footsteps Be Followed?Abstract; 1 Analysis of Key Provisions on the Effectiveness of the Exclusive Jurisdiction Clause; 2 Analysis of the Key Provisions Relating to the Recognition and Enforcement of Judgments; 3 Conclusion: Should the European Union's Footsteps Be Followed?; Private International Law in South Asia-States' Practice in Family Law; 4 Conflict of Laws-State Practice in Afghanistan; Abstract; 1 Afghanistan's Legal System-An Overview; 2 Jurisdiction; 3 Choice of Law; 3.1 Commercial Transactions.
3.1.1 Choice of Law-Afghanistan's Commercial Code, 19553.1.2 Choice of Law-Afghan Civil Code; 3.1.3 Choice of Law Based on the Law on Commercial Contracts and Selling Property (LCCSP); 3.2 Choice of Law with Regard to State Contracts; 3.3 Choice of Law-Personal Status; 3.3.1 Applicable Law in Marriage; 3.3.2 Applicable Law in Divorce; 3.3.3 Applicable Law for Inheritance and Wills; 3.4 Choice of Law in Property Transactions; 4 Recognition and Enforcement of a Foreign Court Judgment; 4.1 Institutional Mechanisms for the Enforcement a Foreign Judgment; 5 Conclusion.