LAWS6077 Commercial Conflict of Laws and International Litigation
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.
Aims and Objectives
Module Aims
• to study the ways in which individual States or groups of States, notably the European Union, endeavour to deal with the types of conflict of laws problems that arise in international commerce, such as jurisdiction and enforcement, and applicable law; • to cover major international conventions and selected EU and national legislation or case law in this area to enable alternative approaches to issues such as jurisdiction to be compared; • to examine methods of conflict avoidance in the fields of contract, tort and domicile of companies; • to examine international civil procedure relevant to transnational commercial litigation from both an EU and comparative perspective; • to prepare you for employment in private practice, corporate or public employment with a large transnational component by developing your transferable and problem-based learning skills.
Learning Outcomes
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the various techniques for dealing with international commercial problems involving conflict of laws;
- a comparison of the major Conventions/Regulations and other supranational legislation as well as selected provisions of national laws dealing with commercial conflict of laws;
- the various techniques for dealing with international civil procedural problems in commercial litigation;
- questions of private international law regarding insurance, subrogation, assignment and direct action;
- the impact of EU law on domestic English private international law.
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- independently research the harmonisation of private international law in Europe;
- explain similarities and differences in national approaches, outcomes, policies and underlying philosophies;
- form your own independent and personal view on the desirability and viability of harmonisation of private international law in Europe affecting businesses;
- identify the level of convergence currently existing among European private international law systems.
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- work effectively with a group to clarify a task and make appropriate use of the capacities of group members;
- use the full range of learning resources;
- be reflective on your own and others’ functioning in order to improve practice;
- competently undertake research tasks with minimum guidance;
- be an independent and self-critical learner, managing your own requirements for continuing professional development;
- to engage confidently in academic and professional communication with others, reporting on action clearly, autonomously and competently;
- to deploy legal arguments in writing and/or orally.
Syllabus
The Conflict of Laws, or Private International Law as it is usually called in civil law jurisdictions, deals with the law relating to private law cases containing significant foreign elements. There are three main branches of the subject: first, questions of jurisdiction – the extent to which English and/or other courts will assume jurisdiction over cases containing foreign elements. Secondly, questions of choice of law – what law governs the issues arising in the case – English Law or the law of some other legal system? Thirdly, questions of recognition and enforcement of foreign judgments – in what circumstances will judgments of foreign courts be recognized and enforced in England and under what circumstances will English judgments be enforceable overseas, notably in the EU? The frequency of conflict of laws problems is increasing with the growth of international trade. Moreover, the EU’s harmonization of the rules of jurisdiction and choice of law has introduced a new dimension to the subject. The course covers the main private law areas of contract, tort or delict, insurance, property, cross-border insolvency, comparative conflicts in company law, arbitration and a number of issues relating to international civil procedure. Where appropriate, a comparison with the US is made.
Learning and Teaching
Teaching and learning methods
Teaching methods include • seminars • tutorials Learning activities include • class discussion • presentations
| Type | Hours |
|---|---|
| Independent Study | 250 |
| Teaching | 50 |
| Total study time | 300 |
Resources & Reading list
T. Hartley (2015). International Commercial Litigation.
P. Rogerson (2013). Collier’s Conflict of Laws.
Assessment
Formative
Essay
Summative
| Method | Percentage contribution |
|---|---|
| Examination (3.5 hours) | 100% |
Repeat
| Method | Percentage contribution |
|---|---|
| Examination (3.5 hours) | 100% |
Referral
| Method | Percentage contribution |
|---|---|
| Examination (3.5 hours) | 100% |
Repeat Information
Repeat type: Internal & External
Costs
Costs associated with this module
Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study.
In addition to this, students registered for this module typically also have to pay for:
Books and Stationery equipment
T. Hartley, International Commercial Litigation, 2nd ed., 2015, Cambridge University Press £49.99
P. Rogerson, Collier’s Conflict of Laws, 4th ed,, 2013, Cambridge University Press
Textbooks
Recommended texts for this module may be available in limited supply in the University Library and students may wish to purchase the mandatory/additional reading text as appropriate.
Please also ensure you read the section on additional costs in the University’s Fees, Charges and Expenses Regulations in the University Calendar available at www.calendar.soton.ac.uk.