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Courses / Modules / LAWS3171 Commercial Conflict of Laws and International Litigation

Commercial Conflict of Laws and International Litigation

When you'll study it
Semester 1
CATS points
15
ECTS points
7.5
Level
Level 6
Module lead
Stephanie LAW
Academic year
2021-22

Module overview

In a globalised world dominated by international trade, the governance of commercial relationships and the disputes that arise from them, has become increasingly significant. The conflict of laws – also known as private international law – and civil procedure form a set of legal rules that govern three complex dimensions of international commercial disputes: the court or tribunal that has jurisdiction to hear the substance of the dispute and the avoidance of parallel proceedings, the law applicable to the resolution of that dispute on its merits and the recognition and enforcement of a court judgment or arbitral award. The conflict of laws and civil procedure are a fundamental, increasingly important dimension of the body of legal knowledge and methodological toolset of any practitioner engaged in transnational private contracting and dispute resolution. While historically, the conflict of laws has been predominantly national in its nature, in recent decades it has been subject to considerable harmonisation efforts at the European and international levels. This module will examine and compare the still-relevant English law rules and case law, the European Regulations on jurisdiction and applicable law and European Court of Justice case law, as well as relevant international conventions. This will be done in light of and in anticipation of the consequences of Brexit on international trade and commercial dispute resolution.

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