Module LAW3184 for 2021/2
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Undergraduate Module Descriptor
LAW3184: International Commercial Litigation
This module descriptor refers to the 2021/2 academic year.
Module Aims
This module aims to enable you to:
- identify the main issues involved in international commercial litigation scenarios;
- analyse and apply the domestic as well as international rules pertaining to jurisdiction, choice of law and recognition/enforcement of foreign judgments in cross-border situations;
- understand the connection between domestic and international rules of international commercial litigation, and determine which set of rules should be applied in a given situation;
- critically assess the strengths and weaknesses of the domestic and international rules of private international law applicable to international commercial litigation, and the difficulties involved in applying different sets of rules to similar case scenarios.
On successfully completing the programme you will be able to: | |
---|---|
Module-Specific Skills | 1. demonstrate comprehensive knowledge and understanding of the main concepts, values and principles relating to international commercial litigation; 2. analyse and critically evaluate key issues related to international commercial litigation and to apply relevant rules and theories. |
Discipline-Specific Skills | 3. demonstrate flexible capability to define complex legal problems, identify their relative significance and select appropriate methods for investigating and critically evaluating them; 4. apply legal knowledge to a problem/ case study and suggest a conclusion supported by relevant arguments and authorities; 5. exhibit the capacity to effectively use discipline-appropriate communication skills in learning activities and/or assessments. |
Personal and Key Skills | 6. demonstrate a capacity to confidently tackle legal problems by means of a practical problem-solving approach; 7. demonstrate good research skills; 8. work independently, within a limited time frame, 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 cover some or all of the following topics:
- Jurisdiction under international instruments relating to international commercial litigation
- Jurisdiction of English courts under the traditional rules of private international law
- Stays of English proceedings
- Restraining foreign proceedings
- Conflict of laws rules
- Proof of foreign law
- Exclusion of foreign law
- Recognition and enforcement of foreign judgments under international instruments relating to international commercial litigation
- Recognition and enforcement of foreign judgments under the traditional rules of private international law
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 |
---|---|---|
29 | 121 | 0 |
...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 | 23 | 11 x 2 hour lectures and 1 x 1 hour lecture |
Scheduled Learning and Teaching Activities | 6 | 4 x 1.5 hour workshops |
Guided independent study | 58 | Individual reading and lecture preparation |
Guided Independent Study | 18 | Workshop preparation |
Guided Independent Study | 40 | Summative assessment preparation |
Guided Independent Study | 5 | Formative assessment preparation |
Online Resources
This module has online resources available via ELE (the Exeter Learning Environment).
Online databases including, among others: Cambridge Core , HeinOnline , JSTOR , Lexis Library , Oxford Legal Research Library , Oxford Reference Online , Oxford Scholarship Online , Taylor & Francis Online , Westlaw UK
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 |
---|---|---|---|
Participation in learning activities | Weekly learning activities | 1-8 | Written and/or oral feedback |
Two essays (best mark counts as summative) | 2,500 words each | 1-8 | Individual written feedback and oral feedback on request |
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 |
---|---|---|
100 | 0 | 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 |
---|---|---|---|---|
Participation in learning activities | 10 | Weekly learning activities | 1-8 | Written and/or oral feedback |
Best of two essays | 90 | 2,500 words for the one essay | 1-8 | Individual written feedback and oral feedback on request |
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 |
---|---|---|---|
Essay | Essay (2,500 words) | 1-8 | August/September reassessment period |
Re-assessment notes
No re-assessment of the participation element is possible given its nature and objective.
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.
Indicative reading:
- TC Hartley, International Commercial Litigation (2nd edn, CUP 2020)
- J. Hill & M. Ní Shúilleabháin, Clarkson & Hill’s Conflict of Laws (5th edn, OUP 2016)
- Briggs, Private international law in the English courts (OUP 2014)
- Dicey, Morris & Collins on the Conflict of Laws (15th edn, Sweet & Maxwell 2018)
- R. Fentiman, International commercial litigation(2nd edn, OUP 2015)
- P. Torremans et al., Cheshire, North & Fawcett Private International Law(15th edn, OUP 2017)