Transnational Litigation: Conceptual Foundations, Institutional Frameworks, And Procedural Challenges In An Evolving Global Legal Order
- IJLLR Journal
- Sep 24
- 1 min read
Dr. Siddharth Warbhuvan, Assistant Professor, School of Legal Studies and Research MGM University (ORCID: 0000-0001-7085-2637)
Jones Michael Oguntuyi, Independent Researcher, LLM, National Research University Higher School of Economics – Moscow
ABSTRACT
Although Marti Koskinemi is concerned about the fragmentation of international law, it is now a well-known reality of the current development of international law. ‘Transnational litigation’ is one such novel idea. Although based on ‘Transnational Law,’ this study seeks to provide a far clearer knowledge and summary comprehension of these evolving concepts, and a determination of their overall direction and scope. It attempts to offer a thorough conceptual study of transnational litigation, separating it from conventional international law and litigation with a focus on the problems linked to ‘Transnational litigation’. Emphasizing the role of prominent international instruments in dispute resolution, the paper explores the transnational legal procedure by distinguishing between key ideas such as law vs. litigation, international litigation vs. arbitration, and transnational vs. international law. Placing India within this framework, the study criticizes its antiquated methods and calls for reforms to bring them into line with international norms.
Keywords: Transnational Litigation, International Arbitration, Jurisdiction, Choice of Law, Enforcement of Foreign Judgments
