International Commercial Litigation
| Module title | International Commercial Litigation |
|---|---|
| Module code | LAW3184 |
| Academic year | 2019/0 |
| Credits | 15 |
| Module staff | Dr Isabelle Rueda (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 20 |
|---|
Module description
International commercial litigation examines the legal issues arising from commercial situations that present links with more than one country: (1) which challenges should be considered and taken into account before entering into a cross-border commercial transaction? (2) which court may hear a dispute between e.g. an English and a Singaporean company? (3) which law(s) will apply to a contract concluded between a German company and a Welsh consumer? (4) under which conditions may a foreign judgment be recognised and enforced in England?
Knowledge of the rules regarding international commercial litigation is critical for any commercial lawyer who works in areas of practice that transcend national borders. As most of the commercial disputes that are heard in London involve foreign parties, international commercial litigation constitutes an important part of the work of English commercial courts. More generally, this fascinating area of law is of great practical significance when advising clients in a world where legal relationships are more and more frequently cross-border.
In this course you will draw on common law as well as international sources – with comparative insights on foreign legal systems when relevant.
Module aims - intentions of the module
This module aims to enable you to:
1. identify the main issues involved in international commercial litigation scenarios;
2. analyse and apply the domestic as well as international rules pertaining to jurisdiction, choice of law and recognition/enforcement of foreign judgements in cross-border situations;
3. understand the connection between domestic and international rules of international commercial litigation, and determine which set of rules should be applied in a given situation;
4. critically assess the strengths and weaknesses of the domestic and international rules of private international law applicable to international commercial litigation, and the difficulties involved in applying different sets of rules to similar case scenarios.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate comprehensive knowledge and understanding the main concepts, values and principles relating to international commercial litigation.
- 2. analyse and compare the principal rules and theories relating to international commercial litigation issues.
- 3. identify, explain and critically evaluate key issues related to international commercial litigation and to apply relevant rules and theories.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. demonstrate flexible capability to define complex legal problems, identify their relative significance and select appropriate methods for investigating and critically evaluating them.
- 5. apply legal knowledge to a problem/ case study and to suggest a conclusion supported by relevant arguments.
- 6. develop your capacity to effectively use both written and oral communication skills in assessed work and/or workshops.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 7. demonstrate a capacity to confidently tackle legal problems by means of a practical problem solving approach in role-play situations and to use effective debating skills.
- 8. demonstrate good library-based and internet-based research skills.
- 9. work independently, within a limited time frame to complete a specified task.
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
- Jurisdiction under international instruments relating to international commercial litigation
- Jurisdiction of English courts under the traditional rules of private international law
- Stays of English proceedings
- Restraining foreign proceedings
- Conflict of laws rules
- Proof of foreign law
- Exclusion of foreign law
- Recognition and Enforcement of foreign judgements under international instruments relating to international commercial litigation
Recognition and Enforcement of foreign judgements under the traditional rules of private international law
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 29 | 121 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activities | 23 | 11 x 2 hour & 1 x 1 hour lectures |
| Scheduled Learning and Teaching Activities | 6 | 4 x 1.5 hour workshops |
| Guided independent study | 58 | Individual reading and lecture preparation |
| Guided Independent Study | 18 | Workshop preparation |
| Guided Independent Study | 40 | Assessment preparation |
| Guided Independent Study | 5 | Formative preparation |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Two essays (best mark counts as summative) | 2 x 2,500 words max | 1-6, 8-9 | Written feedback & verbal feedback on request |
| Workshops involving problem solving questions and topics for discussion and debate. | 4 x 1,5 hour workshops | 1-9 | Verbal feedback |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Best of two essays | 100 | 2,500 words | 1-6, 8-9 | Written feedback & verbal feedback on request |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (2,500 words) | 1-6, 8-9 | August/September reassessment period |
Indicative learning resources - Basic reading
Basic reading:
- J. Hill & M. Ní Shúilleabháin, Clarkson & Hill’s Conflict of Laws (5th edn, OUP 2016)
- Briggs, Private international law in the English courts (OUP, Oxford 2014)
- Dicey, Morris & Collins on the Conflict of Laws (15th edn, Sweet & Maxwell, 2018; available on Westlaw)
- R. Fentiman, International commercial litigation (2nd edn, OUP 2015 – available online from the Library website)
- Hartley TC, International Commercial Litigation: Text, Cases and Materials on Private International Law (2nd edn, CUP 2015)
- P. Torremans et al., Cheshire, North & Fawcett Private International Law (15th edn, OUP 2017 – available online from the Library website)
Indicative learning resources - Web based and electronic resources
Web based and electronic resources:
Among others: Cambridge Core, HeinOnline, JSTOR, Lexis Library, Oxford Legal Research Library, Oxford Reference Online, Oxford Scholarship Online, Taylor & Francis Online, Westlaw UK
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | none |
| Module co-requisites | none |
| NQF level (module) | 6 |
| Available as distance learning? | Yes |
| Origin date | 08/05/2017 |
| Last revision date | 14/02/2019 |
