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• College of Social Sciences and International Studies

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:

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

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.

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.

...and this table provides further details on the summative assessments for this module.

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.

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