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.

Intended Learning Outcomes (ILOs)

This module's assessment will evaluate your achievement of the ILOs listed here - you will see reference to these ILO numbers in the details of the assessment for this module.

On successfully completing the programme you will be able to:
Module-Specific Skills1. 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 Skills6. 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 Skills9. 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 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).