International Commercial Litigation
MODULE CODE
CREDIT VALUE
Module Aims
Aim 1
The module aims to give students a thorough understanding of the transnational issues that arise in court based dispute settlement – with a particular emphasis on litigation in Europe. Different approaches to civil procedure and the allocation of jurisdiction within Europe have historically inhibited judicial co-operation in cross-border disputes. EU legislation has been introduced with a view to resolving these differences and ensuring the “free movement of judgments”. After introducing the fundamental concepts and relevant international and European instruments, the seminars will encourage students to analyse the strategies adopted by litigants, and to critique the process of harmonisation in Europe. Students will obtain a thorough understanding of both national and EU rules, and will at the same time gain an appreciation of the differences in legal culture that continue to frustrate harmonisation.This module cannot be taken by students who have studied, or are studying, LA4926 Private International Law in Business.
Module Content
• Putting international litigation in context: history, objectives, stakeholders
• The international framework: traditional rules, EU legislation; Hague Conventions and other international instruments
• The Brussels I Regulation: scope, general and specific rules of jurisdiction, recognition and enforcement of judgments
• Traditional rules of jurisdiction and recognition
• Jurisdiction agreements, Forum non conveniens and anti-suit injunctions: tensions between civil law and common law jurisdictions
• Service of documents
• Provisional and protective measures
• Obtaining evidence: judicial-cooperation
• Free movement of judgments
Learning Outcomes
On successful completion of this module, a student will be able to:
Teaching Methods
Preparation for the online workshops will involve extensive research and reading, to consider and critically analyse the set topics and the discussion questions, set in advance, arising from those topics. Students are expected to prepare answers to the discussion questions and present these to, and discuss with, the workshop tutor and group in the context of synchronous and / or asynchronous discussions. In addition to the skills of analysis and research, students are expected to develop and apply skills of analytical discussion, oral expression and writing. Students will engage with other students and staff in online activities, and synchronous and asynchronous workshops, to consider and critically analyse particular sources and engage in discussion leading to development of these skills.
The synchronous and asynchronous workshops also give students the opportunity to synthesise in a more dynamic way the independent learning already undertaken and apply principles from various themes covered in the workshop activity sheets. The final workshop will take place two-weeks before the submission deadline for coursework and run as a revision session.
Assessment Methods
This module is assessed through one Written Assessment and one Written Exam.
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Compulsory
Optional
