LA9FA-20 International Commercial Litigation
Introductory description
This module aims to teach students the main rules governing procedural issues in litigation of commercial disputes before national courts. Topics include jurisdiction, recognition and enforcement of judgements, choice of law, provisional remedies and obtaining evidence for use in other jurisdictions. The main emphasis is on the EU instruments, but common law approaches are considered also.
Module aims
This module aims to teach students the main rules governing procedural issues in litigation of commercial disputes before national courts.
Topics include jurisdiction, recognition and enforcement of judgments, choice of law, provisional remedies and obtaining evidence for use in other jurisdictions. The main emphasis is on the EU instruments, but common law approaches are also considered.
Outline syllabus
This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.
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Introduction to the Conflict of Laws
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Jurisdiction under the Brussels Regulation
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Common Law Jurisdiction
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Choice of Court
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Conflicts of Jurisdiction
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Recognition and Enforcement of Judgments
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Provisional Remedies
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Obtaining Evidence
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Choice of Law
Learning outcomes
By the end of the module, students should be able to:
- Understand and analyse the main procedural issues arising in international commercial disputes before national courts.
- Understand the history and main purposes of the EU Instruments that govern in the area.
- Understand the history and main ideas underlying the common law approaches to jurisdiction and recognition and enforcement of judgments, preserving assets and gathering and use of evidence.
- Understand and articulate the strategic and tactical issues that are likely to arise in international and commercial litigation and be able to advise clients on how to achieve their aims in connection with such disputes.
Indicative reading list
The main text will be Hartley, International Commercial Litigation (Cambridge UP 2d ed. 2015). Other texts that wil be referred to for further reading include:
Clarkson & Hill, The Conflict of Laws (OUP 4th ed. 2011)
McLean, Morris on the Conflict of Laws (Sweet & Maxwell 8th ed. 2012)
Rogerson, Collier's Conflict of Laws (Cambridge UP 4th ed. 2014)
Fentiman, International Commercial Litigation (OUP 2d ed. 2015)
Fawcett & Carruthers, Private International Law (OUP 14th ed. 2008)
Briggs, The Conflict of Laws (OUP 3d ed. 2013)
View reading list on Talis Aspire
Subject specific skills
No subject specific skills defined for this module.
Transferable skills
No transferable skills defined for this module.
Study time
| Type | Required |
|---|---|
| Lectures | 18 sessions of 1 hour (9%) |
| Seminars | 9 sessions of 1 hour (4%) |
| Private study | 173 hours (86%) |
| Total | 200 hours |
Private study description
No private study requirements defined for this module.
Costs
No further costs have been identified for this module.
You must pass all assessment components to pass the module.
Assessment group B1
| Weighting | Study time | Eligible for self-certification | |
|---|---|---|---|
Assessment component |
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| Take-home examination | 100% | 200 hours | No |
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An open book exam to be completed within the specified period |
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Reassessment component is the same |
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Feedback on assessment
Feedback via Tabula
Courses
This module is Optional for:
- Year 1 of TIMA-L981 Postgraduate Social Science Research
- Year 1 of TLAA-M3PJ Postgraduate Taught Advanced Legal Studies
- Year 1 of TLAS-M3P7 Postgraduate Taught International Economic Law
- Year 1 of TLAS-M221 Postgraduate Taught LLM in International Corporate Governance and Financial Regulation
This module is Option list A for:
- Year 1 of TLAA-M223 Postgraduate Taught International Commercial Law