INTERRELATION OF JURISDICTION AND CHOICE OF

LAW IN UNITED STATES CONFLICTS LAW

SUBMITTED BY SHUBHAM JAISWAL (1380), [B.A.L.L.B. (HONS.)]

SUBMITTED TO Dr. P. P. RAO, ASSITANT PROFESSOR OF LAW

(PRIVATE INTERNATIONAL LAW)

A rough draft for the partial fulfilment of project of Private International Law

AUGUST 2019

SESSION 2015-2020

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR

PATNA
 INTRODUCTION

The emergence of several choice-of-law theories which favour the application of the lex fori
and recent developments with respect to the jurisdiction of courts, raise anew the question
whether jurisdiction may appropriately be derived from the applicability of the lex fori or from
the right to apply it (in the absence of an express choice-of-law rule). The reverse question is
similarly relevant: when should the lex fori be applied merely as a consequence of the existence
of local jurisdiction? The common element of both questions is that the derivation of
jurisdiction from the applicable law, or vice versa, increases the dangers of forum shopping.
However, the second question is primarily addressed to choice-of-law methodology and, for
reasons to be stated, receives only coincidental consideration in this paper. The main focus of
the discussion will be on the first problem, with particular emphasis on a recent land-mark
decision of the U.S. Supreme Court.
OBJECTIVES OF THE STUDY

The researcher will do the research to:

 understand the importance of Jurisdiction in Private International Law.

 understand the interrelation between Jurisdiction and Choice of Law in United States.

HYPOTHESIS

The researcher presumes that Conflict of laws in the United States is the field of procedural
law dealing with choice of law rules when a legal action implicates the substantive laws of
more than one jurisdiction and a court must determine which law is most appropriate to resolve
the action.

RESEARCH METHODOLOGY

 The researcher will emphasize and use the doctrinal method to do this project.

SOURCES OF DATA

Primary sources Secondary sources

Legislative provisions Books

Case laws Websites

 Magazines

LIMITATIONS OF STUDY

The researcher has following limitations:

 The researcher is bound by the time (1 month) to do the research.

 The researcher will be confined to the doctrinal mode of research.

TENTATIVE CHAPTERISATION

1. Introduction
2. The “Proper Law in the Proper Forum “Versus Forum Shopping
3. Jurisdiction
4. Overlapping Criteria for Jurisdiction and Choice of Law
5. Conclusion

BIBLIOGRAPHY

BOOKS

 Watt, Horatia Muir., Oliveira, Agatha Brandão de. and Arroyo, Diego P. Fernández.
Global Private International Law, London: Edward Elgar Publishing, 2019.

WEBSITES

 https://www.cambridge.org/core/journals/international-and-comparative-law-
quarterly/article/interrelation-of-jurisdiction-and-choiceoflaw-in-united-states-
conflicts-law/ACCACED3A09D11C045B50E60752A18CB
 https://en.wikipedia.org/wiki/Conflict_of_laws_in_the_United_States