Postgraduate Module Descriptor


LAWM121: International Commercial Litigation

This module descriptor refers to the 2017/8 academic year.

Module Content

Syllabus Plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will focus on the following private international law topics:

 Introduction: conflict of laws in business transactions

  • Relevant legal sources and basic concepts
  • The role played by the European Union and the Brexit implications  

 

Jurisdiction and recognition and enforcement of foreign judgments under the Brussels I regime

  • Bases of jurisdiction under Brussels I
  • Declining jurisdiction under Brussels I
  • Recognition and enforcement of foreign judgments under Brussels I

 

Jurisdiction and recognition and enforcement of foreign judgments under the English traditional rules (i.e. cases where Brussels I does not apply)

  • Bases of jurisdiction under English traditional rules
  • Declining jurisdiction under English traditional rules
  • Recognition and enforcement of foreign judgments under English traditional rules

 

Global Rules: Jurisdiction and Judgments

  • Hague World Wide Judgment Convention Project
  • The 2005 Choice of Court Agreements Convention

 

Choice of law in contract

  

  • Determining the applicable law in contractual disputes under the Rome I Regulation
  • Mandatory rules and public policy

 

Choice of law in tort

  • Determining the applicable law in non-contractual disputes under the Rome II Regulation
  • Mandatory rules and public policy

Learning and Teaching

This table provides an overview of how your hours of study for this module are allocated:

Scheduled Learning and Teaching ActivitiesGuided independent studyPlacement / study abroad
30270

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

CategoryHours of study timeDescription
Scheduled Learning and Teaching Activities3010 x 3 hour seminars
Guided Independent Study135Individual research, reading and seminar preparation
Guided Independent Study100Summative assessment preparation
Guided independent study35Formative assessment preparation

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).