Postgraduate Module Descriptor

LAWM121: International Commercial Litigation

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

Overview

NQF Level	7
Credits	30	ECTS Value	15
Term(s) and duration	This module ran during term 2 (10 weeks)
Academic staff	Dr Mihail Danov (Convenor)
Pre-requisites	None
Co-requisites	None
Available via distance learning	No

Private international law has now become a significant feature of the legal landscape within which companies and individuals navigate, in order to properly administer their cross-border private relationships. The issues are important because individuals and/or companies entering into cross-border private law relationships would have to take into account a number of potentially different laws. All these laws could have an impact on determining the parties’ rights and obligations which could be a complex task in cross-border cases. Problems could arise in cases where the parties disagree which court should hear and determine their dispute and/or which national law should apply to the merits of their cross-border claims. Moreover, a judgment rendered by a national court would often need to be recognised and enforced abroad. This could give rise to another set of legal proceedings before the courts where the recognition and enforcement is sought. Any legal uncertainty with regard to issues of jurisdiction, applicable law/s and recognition/enforcement would inflate litigation costs, impairing private parties’ access to justice in cross-border cases. All these problems are dealt with by this module on international commercial litigation.

Module created	24/07/2017	Last revised