Practice does not make perfect: Rethinking the doctrine of ‘the proper law of the contract’ – a case for the Indian courts
Dr. Saloni Khanderia
O.P. Jindal Global University, Haryana
Every contract with a transnational element calls for the determination of the law that would govern the transaction in the event of a dispute on the matter between the parties. In most civil law jurisdictions, and the United Kingdom, which is a common law system, the rules to identify the governing law has been codified – contributing to much certainty and predictability. At the same time, jurisdictions like India have continued to embrace the traditional precepts of the English common law even after the United Kingdom’s ratification to the Rome I Regulation on the Law Applicable to Contractual Obligations, 2008 (Rome I).