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Seminar - The Role of Private International Law in the Adjudication of Cross-Border Civil and Commercial Disputes in BRICS: Some Reciprocal Lessons

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SYNOPSIS

BRICS is an economic bloc of five major emerging economies, Brazil, Russia, India, China and South Africa. The BRICS countries cover around 42% of the world’s population and are among the most dynamic emerging economies - constituting approximately 23% of global GDP.       

In the past, the 15 BRICS Summits, with the most recent one being held in 2023,  have chiefly focused on economic cooperation, particularly in trade and investment, foreign affairs, and innovation. The setting up of the New Development Bank [NDB], the conclusion of the Contingency Reserve Arrangement and the plausibility of using national currencies as a mode of payment for trade among the members of the bloc have been contemplated during these Summits. Although these aspects are crucial, they cannot be seen in isolation.

Each of the BRICS members is a signatory to the World Trade Organisation [WTO]. Therefore, each of these jurisdictions contains predictable, concise rules to adjudicate disputes that may arise on trade-related and other ancillary matters among governments. However, equal attention must be devoted to achieving cooperation towards uniform and predictable private international law rules applicable to adjudicate disputes among private parties.

This seminar essentially aims to discuss the role that diverging principles on the adjudication of international civil and commercial disputes may play in impeding international trade and commerce among the BRICS countries. What are the situations in which they may initiate proceedings in cross-border civil and commercial disputes in BRICS, how may they evade the jurisdiction of the national courts of these countries, what law can they be expected to be governed by, should they opt to settle their disputes by arbitration or litigation and, lastly, how easily can they expect to enforce the decisions of the arbitral tribunal or court in these countries. The seminar will deliberate the impact of diverging rules on economic cooperation between BRICS countries.

 


 

SPEAKER

Saloni Khanderia

Professor (Dr) Saloni Khanderia
OP Jindal Global University, Jindal Global Law School

Prof. (Dr.) Saloni Khanderia a Professor of Private Law and Private International Law. She has also been an Alexander von Humboldt Fellow (Experienced Researcher) at the Chair for Civil Law, International Private Law and Comparative Law (Ludwig Maximilians University, Munich) from 2020-2021. She has more than a decade of teaching and writing experience. Her areas of specialisation are Private International Law, the Law of Contracts and the Law of Torts. She is widely published and cited and is the co-author of the leading commentary on Indian Private International Law published by Hart/Bloomsbury Publications.

Prof Khanderia is also a Visiting Professor at the Faculty of Law, the University of Johannesburg since 2018. Before joining JGLS in 2017, Prof Khanderia has worked with the National Law University, Delhi, for 4.5 years. She has also been a Global Excellence and Stature [GES] postdoctoral fellow at the Research Centre for Private International Law in Africa, the University of Johannesburg, in 2015 for 20 months. There apart, she was also awarded the UNIDROIT Research Scholarship in 2016 to research the UNIDROIT, Rome on ‘The Role of UNIDROIT Principles on International Commercial Contracts in the Law of India.’

Professor Khanderia is the Special National Rapporteur for three of the Reports of the Académie Internationale de Droit Compare (International Academy of Comparative Law) that will be published in 2023. The Reports will be on “New Specialised Commercial Courts and Their Role in Cross-Border Litigation”; “The Effectiveness of International Legal Harmonization through Soft Law”; and “Autonomous Vehicles and Liability Law” where she will examine and report on the principles of Indian private international law in these areas.

 

 

CHAIR

Yeo Tiong Min pic

Professor Yeo Tiong Min
SMU Yong Pung How School of Law

 

In the course of the event, screenshots / photographs / videos / interviews of participants could be taken/conducted by the organizers or parties appointed by the organisers for the purpose of post-event publicity, either in the organisers' official publication/website, social media platforms or any third party's publication/website/social media platforms approved by the organisers.

 
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Registration will close on 15 January 2024.

Lunch bento will be provided.
 
 

19 January 2024, Friday
 

 

11.50pm 
Registration

12.00pm
Introduction by 
Professor Yeo Tiong Min
SMU Yong Pung How School of Law

12.05pm 
Presentation by
Professor (Dr) Saloni Khanderia
OP Jindal Global University,
Jindal Global Law School

12.40pm 
Q & A 

1.15pm
End of Seminar
 

 

Singapore Management University
Yong Pung How School of Law
Level 5, Meeting room 5.04
55 Armenian Street
Singapore 179943