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Courses / Modules / LAWS3106 Commercial Conflict of Laws and International Litigation (visit)

Commercial Conflict of Laws and International Litigation (visit)

When you'll study it
Semester 2
CATS points
15
ECTS points
7.5
Level
Level 6
Module lead
Filip Saranovic

Module overview

Semester 1

This module considers the conflict of laws issues that may arise in a commercial dispute with an international element such as which tribunal or court has jurisdiction to determine the merits of the dispute and how can parallel proceedings in more than one State be prevented so that any court judgment or arbitration award can be recognised and enforced. The European Regulations on jurisdiction 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.

Semester 2

This module considers the conflict of laws issues that may arise in a commercial dispute with an international element such as how can security for the claim be obtained and which law is applicable to the dispute. The European Regulations on 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 applicable are compared and contrasted with English national law. The shortcomings of both systems are analysed and proposals for reform considered.

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