Module LAWM121 for 2017/8
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Postgraduate Module Descriptor
LAWM121: International Commercial Litigation
This module descriptor refers to the 2017/8 academic year.
Module Aims
The main focus of the module will be on the private international law problems which will arise in a context of civil and commercial law disputes with an international element. The specific objectives of the course are:
- To provide you with advanced instructions in the main aspects of private international law which are of relevance to cross-border civil and commercial cases;
- To allow you to examine critically the jurisdictional rules which will be used by the national courts with a view to allocating jurisdiction in disputes with an international element;
- To allow you to examine critically the rules relevant to the recognition and enforcement of foreign judgments in relation to civil and commercial matters;
- To allow you to analyse the rules ascertaining the law/s applicable to the merits of cross-border disputes;
- To encourage you to consider what the potential impact of BREXIT will be on the UK legal landscape in relation to private international law.
| On successfully completing the programme you will be able to: | |
|---|---|
| Module-Specific Skills | 1. Demonstrate deep and systematic knowledge and understanding of private international law; 2. Understand the rules allocating jurisdictions in civil and commercial disputes with an international element; 3. Undertake critical evaluation of the rules for the recognition and enforcement of foreign judgments; 4. Analyse the rules identifying the applicable law/s which should apply to determine the rights and obligations of the parties in cross-border cases 5. Demonstrate an appropriate level of understanding of the Brexit implications in the area of private international law |
| Discipline-Specific Skills | 6. Analyse and synthesise the relevant primary and secondary sources in private international law; 7. Identify the central legal issues and problems surrounding private parties effective access to remedies in cross-border cases; 8. Identify and solve legal problems, considering the relevant issues and specifying the legal position of the parties in cross-border civil and commercial cases; |
| Personal and Key Skills | 9. Construct a legal argument and take an informed view at postgraduate level; 10. Coherently structure legal arguments with a view to presenting ideas and drawing conclusions; 11. Identify and engage with a wide range of library-based and electronic resources autonomously; 12. Work independently and effectively, managing time efficiently whilst preparing for the seminars and completing assignments. 13. Work independently, within a limited time frame, and without access to external sources, to complete a specified task. |
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 Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 30 | 270 |
...and this table provides a more detailed breakdown of the hours allocated to various study activities:
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activities | 30 | 10 x 3 hour seminars |
| Guided Independent Study | 135 | Individual research, reading and seminar preparation |
| Guided Independent Study | 100 | Summative assessment preparation |
| Guided independent study | 35 | Formative assessment preparation |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
How this Module is Assessed
In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.
Formative Assessment
A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Essay-style question | 1,000 words | 1-12 | Written/Oral |
| Problem-style question | 1,000 words | 1-12 | Written/Oral |
Summative Assessment
A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.
| Coursework | Written exams | Practical exams |
|---|---|---|
| 0 | 100 | 0 |
...and this table provides further details on the summative assessments for this module.
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Examination | 100 | 3-hour examination | 1-13 | Written/Oral |
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 |
Re-assessment
Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Examination | Examination (3 hours) | 1-13 | August/September re-assessment period |
