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. |
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 |
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)
