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 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).
Indicative Reading List
This reading list is indicative - i.e. it provides an idea of texts that may be useful to you on this module, but it is not considered to be a confirmed or compulsory reading list for this module.
Essential Reading
J. Hill and A. Chong, International commercial disputes : commercial conflict of laws in English courts (4th edn, Hart Publishing, Oxford 2014)
J. Hill and M. Ni Shúilleabháin, Clarkson & Hill's Conflict of Laws , (5th edn, OUP, Oxford 2016)
P. Rogerson, Collier's conflict of laws (4th edn, CUP, Cambridge 2013)
T. C. Hartley, International Commercial Litigation: Text, Cases and Materials on Private International Law (2nd edn, CUP, Cambridge 2015)
P. Torremans et all, Cheshire, North & Fawcett Private International Law (15th edn, OUP, Oxford, 2017).
Recommended Reading
A. Briggs, Civil Jurisdiction and Judgments (6th edn, Informa, London 2016);
S. Bariatti, Cases and materials on EU private international law (Hart Publishing, 2011);
P. Beaumont and P. McEleavy, Private international law, Anton (SULI/W Green, 2011);
A. Briggs, Private international law in the English courts (OUP, Oxford 2014);
R. Fentiman, International commercial litigation (2nd edn, OUP, Oxford 2015);
L. Collins and others, Dicey, Morris and Collins on the conflict of laws. (15th edn. Sweet & Maxwell, London 2015);
P. Beaumont, M. Danov, K. Trimmings, B. Yuksel (eds), Cross-Border Litigation in Europe (Hart Publishing, Oxford 2017)
Other Reading
A. Briggs, Agreements on jurisdiction and choice of law (OUP, Oxford 2008)
R. Garnett, Substance and procedure in private international law (OUP, Oxford 2012)
T. Hartley , Choice-of-court agreements under the European and international instruments : the revised Brussels I Regulation, the Lugano Convention, and the Hague Convention (OUP, Oxford 2013)
R. Plender and M. Wilderspin, The European private international law of obligations (4th edn, Sweet & Maxwell, 2014)
A. Dickinson and E. Lein, The Brussels I Regulation recast (OUP, Oxford 2015)
