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Courses / Modules / LAWS3055 Commercial Conflict of Laws and International Litigation

Commercial Conflict of Laws and International Litigation

When you'll study it
Whole Academic Year
CATS points
30
ECTS points
15
Level
Level 6
Module lead
Filip Saranovic
Academic year
2021-22

Module overview

This module considers the conflict of laws issues that may arise in a commercial dispute with an international element: which tribunal or court has jurisdiction to determine the merits of the dispute; which law is applicable to the dispute; how can parallel proceedings in more than one State be prevented so that any court judgment or arbitration award can be recognised and enforced; how can security for the claim be obtained. The European Regulations on jurisdiction and applicable law are studied, and the case law of the Court of Justice of the European Union and the English courts. The rules in the European Regulations on jurisdiction are compared and contrasted with English national law. The shortcomings of both systems, despite recent reform of the European Regulation on jurisdiction, are analysed and proposals for reform considered.

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