Prof. (Dr.) Saloni Khanderia
Professor and Alexander von Humboldt Fellow (Experienced Researcher)
BA.LLB (Symbiosis Law School);
LLM (NLSIU, Bangalore);
LLM (cum laude) (University of Johannesburg);
Ph.D (NLU, Delhi)
Biography
Publications
Visiting Positions/Fellowships
Conference/Workshops
Award and Grants
Consultancy/Editorial Positions
Courses Taught
Biography
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.
Publications
Books
- Stellina Jolly and Saloni Khanderia (eds), “Private International Law in BRICS: Convergences: Divergences and Reciprocal Lessons”, Hart/Bloomsbury Publications (Forthcoming 2024).’
- Stellina Jolly and Saloni Khanderia, “Indian Private International Law”, Hart Publications – Studies in Private International Law- Asia Series (2021) (author names listed in alphabetical order).
- Saloni Khanderia, “The World Trade Organization and Global Competition Policy”, Mohan Law House Publication (2015), pp. 358, ISBN: 9788192986876
Chapters in Books
- Saloni Khanderia, “The Initiation of Claims in Civil and Commercial Matters: India” in Private International Law in BRICS: Convergences: Divergences and Reciprocal Lessons, Stellina Jolly and Saloni Khanderia (eds) (Forthcoming 2024, Bloomsbury Publications).
- Saloni Khanderia, “The Identification of the Applicable Law in Civil and Commercial Matters: India” in Private International Law in BRICS: Convergences: Divergences and Reciprocal Lessons, Stellina Jolly and Saloni Khanderia (eds) (Forthcoming 2024, Bloomsbury Publications).
- Saloni Khanderia, “The Recognition of Foreign Judgments and Arbitral Awards in Civil and Commercial Matters: India” in Private International Law in BRICS: Convergences: Divergences and Reciprocal Lessons, Stellina Jolly and Saloni Khanderia (eds) (Forthcoming 2024, Bloomsbury Publications).
Saloni Khanderia, “Embarking New Frontiers in the South African Law on Recognition And Enforcement Of Foreign Judgments – is Comity Really ‘Unreliable’?”, Festschrift for Prof Christopher Forsyth, Eleven International Publishing (Forthcoming 2023).
Saloni Khanderia, “Weighing India’s Trade Facilitation Commitments in the Light of WTO Disciplines” in Trade Facilitation and the WTO (Jane Winn, Sheila Rai ed), Cambridge Scholars Press (2019) 106-165.- Saloni Khanderia and Puneet Yadav, “Trade and Human Rights: a Critical appraisal,” in Human Rights Advocacy: Global Approaches, Local Experiences (Sveta Dhaliwal, Ed.), (2011) 339-349.
National Reports
- Académie Internationale de Droit Compare (International Academy of Comparative Law), ‘India’ in “New Specialised Commercial Courts and
Their Role in Cross-Border Litigation”, (Yip Man and Giesela Rühl eds) (2023) Intersentia. - Académie Internationale de Droit Compare (International Academy of Comparative Law), ‘India’ in “The Effectiveness of International Legal Harmonization through Soft Law” (Agatha Brandão de Oliveira, Geneviève Saumier and Lauro Gama eds) (2023) Intersentia.
- Académie Internationale de Droit Compare (International Academy of Comparative Law), ‘India’ in “Autonomous Vehicles and Liability Law” (Gilles Pillet eds) (2023) Intersentia.
Journal Articles
- Saloni Khanderia, “Termination for Breach: The Prospects of the UNIDROIT Principles of International Commercial Contracts to Interpret and Supplement Indian Law of Contract” (Forthcoming, 2022) Uniform Law Review (Revue de droit uniforme).
- Saloni Khanderia, “Self-Driving Cars and some (Un)Intended Regulatory Barriers in India: A Road Less Travelled?” (November 2022) Journal of Tort Law doi: https://doi.org/10.1515/jtl-2022-0013
- Saloni Khanderia, “The Ambivalent Notion of ‘Fundamental Breach’ in Indian law of Contract: Towards a New Paradigm” (2022) 43 Liverpool Law Review 391.
- Saloni Khanderia, “The Question of the Applicable Law in Cross-Border Claims on Product Liability: Reflections from India” (2021) Global Jurist, https://doi.org/10.1515/gj-2021-0025.
- Sagi Peari and Saloni Khanderia, “Party Autonomy in the Choice of Law: Some insights from Australia” (2021) Liverpool Law Review https://doi.org/10.1007/s10991-021-09278-z. (equal contributions by the authors).
- Saloni Khanderia, “The Prevalence of ‘Jurisdiction’ in the Recognition and Enforcement of Foreign Judgments in Indian and South Africa: A Comparative Analysis”, (2021) Oxford University Commonwealth Law Journal, https://doi.org/10.1080/14729342.2021.1934298
- Saloni Khanderia, “Practice does not make Perfect: Rethinking The Proper Law of the Contract in Indian Private International Law” (2021) 16(3) Journal of Private International Law 423.
Saloni Khanderia, “Transnational Contracts and their Performance during the Covid-19 Crisis: Reflections from India” (2020) 7(3) BRICS Law Journal 52. - Saloni Khanderia and Sagi Peari, “Party Autonomy in the Choice of Law under Indian and Australian Private International Law: Some Reciprocal Lessons” Commonwealth Law Bulletin, https://doi.org/10.1080/03050718.2020.1804420
- Saloni Khanderia, “The Ascertainment of the Applicable Law in the Absence of Choice in India and South Africa: a Shared Future in the BRICS” (2020) Oxford University Commonwealth Law Journal DOI: 10.1080/14729342.2020.1773019.
- Saloni Khanderia, “The Hague Conference on Private International Law’s Proposed Draft Text on the Recognition and Enforcement of Foreign Judgments: Should South Africa Endorse it?”, (2019) 63(3) Journal of African Law 413-443.
- Saloni Khanderia, “The Hague Judgments Project: Assessing its Plausible Benefits for the Development of the Indian Private International Law” (2019) 44(3) Commonwealth Law Bulletin 452-475.
- Saloni Khanderia, “International Approaches as Plausible Solutions to Resolving the Battle of Forms under the Indian Law of Contract”, (2019) 8 Global Journal of Comparative Law 1-26.
Saloni Khanderia, “Commercial Impracticability under the Indian Law of Contract: Assessing the Role of the UNIDROIT Principles”, (2018) 7(2) UCL Journal of Law and Jurisprudence 52-71 - Saloni Khanderia, “The Hague Convention on Choice of Court Agreements and the Enforcement of Forum-Selection Clauses in Indian Private International Law”, (2019) 9(3) Int’l Journal of Private Law 125-136.
- Saloni Khanderia, “The WTO’s Special Safeguard Mechanism: An Indian Perspective to the Present paradox”, 3(1) University of Bologna Law Review (2018).
- Saloni Khanderia, “Indian Private International Law vis-à-vis Party Autonomy in the Choice of Law”, Oxford University Commonwealth Law Journal (2018) (DOI:10.1080/14729342.2018.1436262).
- Saloni Khanderia, “The Information Technology Agreement and the ‘Make-in-India’ Initiative: Weighing the Better Alternative”, 53(2) Foreign Trade Review, Sage Publications 1-18 (2018)
- Saloni Khanderia, “The Compatibility of South African Anti-Dumping Laws with WTO Disciplines: Does the Devil Lie in the Details?” 25(3) African Journal Of Int’l and Comp. Law, Edinburg Univ. Press 347-370 (2017).
- Saloni Khanderia, “The Determination of Injury in South African Anti-Dumping Investigations: Recent Approaches”, XLIX(2) Comparative and International Law Journal of South Africa 247 (2016).
- Saloni Khanderia, “Trade Facilitation: An Assessment of South African Realities vis-à-vis WTO Disciplines”, 60(3) Journal of African Law, Cambridge University Publications 441 (2016).
- Saloni Khanderia, “Price Comparisons under the South African Anti-Dumping Laws: The Faux Pas Continues?” 52(1) Foreign Trade Review, Sage Publications 1 (2016).
- Saloni Khanderia, “Reflections on the India–Agricultural Products Dispute in the Light of “Risk Assessment” and the SPS Agreement: Why Has India Failed so Miserably?” 16(2) Estey Centre Journal of Int’l Law And Trade Policy (2015) 78-110.
- Saloni Khanderia, “What the World Trade Organization’s Agreement on Trade Facilitation Would Mean To Emerging Economies”, Manchester Journal on Int’l Trade Law (2015) 38 – 58.
- Saloni Khanderia, “Is Regionalism ‘Softly’ Killing the WTO’s Multilateral Agenda”, Currents’ Int’l Trade Law Journal (2015). (Texas, United States).
- Saloni Khanderia, “Negotiations on Trade and Competition Policy under the Auspices of the World Trade Organization: An Indian Perspective of Emerging Issues”, 8 Pretoria Student Law Review (2014) 65-93.
- Saloni Khanderia, “Ramifications Of The Bali Ministerial Conference On Food Security and Public Stockholding: Is India Skating On Thin Ice?” 11(2) Manchester Journal of Int’l Econ. Law, (2014) 201-214.
- Saloni Khanderia, “Are The WTO’s Rules Of Origin Turning To Be Archaic As A Result Of Trade In Value-Added?” 15(2) Estey Center Journal of Int’l Trade Law And Policy (2014) 162-178.
- Saloni Khanderia, “Trade and Competition Policy: An Indian Perspective on the Concerns Pertaining to the Rising Implications on Policy-Space”, 1 (2) International Journal of Politics And Law Research, (2013) 26-31.
- Saloni Khanderia, “Ramifications Of The Bali Ministerial Conference On Food Security and Public Stockholding: Is India Skating On Thin Ice?” 11(2) Manchester Journal of Int’l Econ. Law, (2014) 201-214.
- Saloni Khanderia, “Are The WTO’s Rules Of Origin Turning To Be Archaic As A Result Of Trade In Value-Added?” 15(2) Estey Center Journal of Int’l Trade Law And Policy (2014) 162-178.
- Saloni Khanderia, “Trade and Competition Policy: An Indian Perspective on the Concerns Pertaining to the Rising Implications on Policy-Space”, 1 (2) International Journal of Politics And Law Research, (2013) 26-31.
- Saloni Khanderia, “Multilateralism in Competition Policy: An Unassailable Pedestal for a World of Free Trade?”, 1(1) Galgotia’s Journal of Legal Studies, (2013) 98-113.
- Puneet Yadav and Saloni Khanderia, “Corporate Social Responsibility: The Why and How in India”, 1(1) Symbiosis Law Review, (2012) 69-80.
Publications without a Peer-Review Process
- Saloni Khanderia, “The Concept of Most-favoured Nation Treatment in the Law of the World Trade Organization”, UNIVERSITY GRANTS COMMISSION: E-PATHSHALA PROJECT (INTERNATIONAL TRADE LAW PAPER), GOVERNMENT OF INDIA (available on: <http://epgp.inflibnet.ac.in/UploadedContent.php>).
- Saloni Khanderia, “The Concept of National Treatment in the Law of the World Trade Organization”, UNIVERSITY GRANTS COMMISSION: E-PATHSHALA PROJECT (INTERNATIONAL TRADE LAW PAPER), GOVERNMENT OF INDIA (available on: <http://epgp.inflibnet.ac.in/UploadedContent.php>).
- Saloni Khanderia, “Regional Agreements and the World Trade Organization”, UNIVERSITY GRANTS COMMISSION: E-PATHSHALA PROJECT (INTERNATIONAL TRADE LAW PAPER), GOVERNMENT OF INDIA (available on: <http://epgp.inflibnet.ac.in/UploadedContent.php>).
- Saloni Khanderia, “The Jurisprudence and Scope of Cyber Laws”, UNIVERSITY GRANTS COMMISSION: E-PATHSHALA PROJECT (CYBER LAW PAPER), GOVERNMENT OF INDIA (available on: <http://epgp.inflibnet.ac.in/UploadedContent.php>).
Visiting Positions/Fellowships
- Visiting Associate Professor, Faculty of Law, University of Johannesburg, South Africa (2018-present).
- Global Excellence and Stature (GES) Fellowship, 2015.
- GES Fellowship (2016).
- National Research Foundation Innovation Fellowship (2017) for a grant amount of ZAR 3,05,000 p.a. (Could not be accepted due to present employment at JGLS)
- Alexander von Humboldt Fellowship for Experienced Researchers for a period of 14 months (29 November 2020-31 January 2022) (including the intensive German language course) to conduct research on private international law at –the Centre for Private International Law, Ludwig Maximilians Universität, Munich.
Scholarships
- UNIDROIT Research Scholarship Programme 2016, Rome (for a period of five weeks), to conduct research on “The Role of UNIDROIT Principles on International Commercial Contracts in the Law of India”.
Conference/Workshops
- Rethinking The Proper Law of the Contract in the Indian Private International Law, Journal of Private International Law Conference, Munich University, 12-14 September 2019.
- The Prevalence of “Jurisdiction” in the Recognition and Enforcement of Foreign Civil and Commercial Judgments in India and South Africa; at COMMERCIAL Private International Law in India and South Africa – A Shared Future In Brics: University of Johannesburg. 21 NOVEMBER 2018.
- Hardship in Brazilian and Indian private international law, at COMMERCIAL Private International Law in India and South Africa – A Shared Future In Brics: University of Johannesburg. 21 NOVEMBER 2018.
- Commercial Impracticability at The Indian Law of Contract: Assessing at The Role of at The UNIDROIT Principles, The 1st BRICS Law Forum: “The development of civil law in the era: legislation, jurisprudence and doctrine” Zhongnan University of Economics and Law, 13-14 October 2018.
- Saloni Khanderia, “The WTO’s Special Safeguard Mechanism: An Indian Perspective on the Present Paradox” Society of International Economic Law: South Asia Chapter, New Delhi (2017)
- Dr Saloni Khanderia, “The World Trade Organisation’s Trade Facilitation Agreement and India” 14th Annual International Conference on Law, Athens, Greece (2017) (Abstract published in Conference Proceedings).
- Saloni Khanderia, “Enforcement of Choice of Court Agreements: The Hague Convention vis-à-vis Indian Private International Commercial Law” International Conference on Trade, Business, Economics and Law, Oxford University, UK (2017) (Abstract published in Conference Proceedings).
- Saloni Khanderia-Yadav, “The Concept of Made in the World and its Implications on International Trade”, Second National Annual Conference On Contemporary Legal Research, Symbiosis Law School, Pune (2013). (Conference proceedings: full paper published).
- Saloni Khanderia-Yadav, “The Proliferation of Free Trade Areas as a threat to Multilateralism?” International Conference on Law And Political Science, New Delhi (2014) (Abstract Published in Conference Proceedings).
- Saloni Khanderia-Yadav, “The Implications of India’s Food Security and Public Stockholding Programs in the International Realm”, International Conference On Comparative Law and Development, New Delhi (2014) (Abstract published in Conference Proceedings).
Award and Grants
- Award for Research Excellence: O P Jindal Global University – Eleventh Anniversary and Celebration of University Day (2021).
- Award for Research Excellence: O P Jindal Global University – Tenth Anniversary and Celebration of University Day (2020).
- Research Focus 2019 – Recognised as an ‘academic changing the world’ by the Jindal Global Law School for excellent contribution to research.
- Award for Research Excellence: O P Jindal Global University – Ninth Anniversary and Celebration of University Day (2018).
- Second LL.M in International Commercial Law, University of Johannesburg has been fully funded by the Research Centre for Private International Law in Emerging Countries (RCPILEC™), University of Johannesburg, for excellent contribution, in terms of research, as a postdoctoral fellow for the Centre.
Consultancy/Editorial Positions
Prof Khanderia acts as an expert on Indian law in proceedings before foreign courts and in international arbitrations
Courses Taught
Transnational Litigation; International Sale of Goods Law; International Commercial Law; and Law of Contracts.