Commercial Conflict of Laws and International Litigation

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• a comparison of the major Conventions/Regulations and other supranational legislation as well as selected provisions of national laws dealing with commercial conflict of laws;
• the various techniques for dealing with international civil procedural problems in commercial litigation;
• questions of private international law regarding insurance, subrogation, assignment and direct action;
• the various techniques for dealing with international commercial problems involving conflict of laws;
• the impact of EU law on domestic English private international law.

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• to deploy legal arguments in writing and/or orally.
• work effectively with a group to clarify a task and make appropriate use of the capacities of group members;
• be reflective on your own and others' functioning in order to improve practice;
• be an independent and self-critical learner, managing your own requirements for continuing professional development;
• use the full range of learning resources;
• competently undertake research tasks with minimum guidance;
• to engage confidently in academic and professional communication with others, reporting on action clearly, autonomously and competently;

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• explain similarities and differences in national approaches, outcomes, policies and underlying philosophies;
• form your own independent and personal view on the desirability and viability of harmonisation of private international law in Europe affecting businesses;
• identify the level of convergence currently existing among European private international law systems.
• independently research the harmonisation of private international law in Europe;

The Conflict of Laws, or Private International Law as it is usually called in civil law jurisdictions, deals with the law relating to private law cases containing significant foreign elements. There are three main branches of the subject: first, questions of jurisdiction - the extent to which English and/or other courts will assume jurisdiction over cases containing foreign elements. Secondly, questions of choice of law - what law governs the issues arising in the case – English Law or the law of some other legal system? Thirdly, questions of recognition and enforcement of foreign judgments - in what circumstances will judgments of foreign courts be recognized and enforced in England and under what circumstances will English judgments be enforceable overseas, notably in the EU? The frequency of conflict of laws problems is increasing with the growth of international trade. Moreover, the EU's harmonization of the rules of jurisdiction and choice of law has introduced a new dimension to the subject. The course covers the main private law areas of contract, tort or delict, insurance, property, cross-border insolvency, comparative conflicts in company law, arbitration and a number of issues relating to international civil procedure. Where appropriate, a comparison with the US is made.

Teaching and learning methods

• Non-assessed essay
• Class room discussion

The module is taught by 20 two hour weekly lectures and ten one hour fortnightly tutorials.

Preparation for and participation in lectures and tutorials will develop:

• Your knowledge of the substantive principles and rules on commercial conflict of laws
• Your ability to manage and access a diverse range of sources of law, notably EU Regulations and the case law of the Court of Justice of the European Union and the English courts.
• Your ability critically to evaluate those sources and to participate constructively in oral discussions concerning them
• Your ability to assess reform proposals and comment critically on them
• Your time management and research skills

Resources & Reading list

Textbooks

T. Hartley (2015). International Commercial Litigation. Cambridge University Press.

Edited by Paul Torremans, Ugljesa Grusic, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillon, Zheng Sophia Tang, Katarina Trimmings, and Lara Walker. Cheshire, North & Fawcett: Private International La. OUP: Oxford.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Essay

• Assessment Type: Formative
• Feedback: Feedback will be through a feedback sheet and comments written on formative work in a 3000 word essay and orally in tutorials.
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.

Repeat Information

Repeat type: Internal & External