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CCDD006 International Commercial Litigation

  • Run: Optional
  • Rating: 45 credits
  • Assessment:
    Small essay x 4 (max 1,500 words – 15% each)
    Final take home exam (40%)
  • Module convenor: TBC

Module aims:

Students taking this course will acquire an understanding of the conflict-of-laws aspects of the conduct of commercial litigation before the English courts. In a case with international features, the option of litigating in England, rather than in some alternative jurisdiction, cannot be fully evaluated unless the impact of the relevant components of English conflict of laws are properly assessed. Although the syllabus involves a detailed study of the English law and legal process, the course is also accessible to students from a non-Common Law background, and provides a particularly useful insight into the methodology of the English legal process, studied in a practical, commercial context.

Module outline:

The objectives of the course are to examine the general principles of English Conflicts of Laws rules as they relate to litigation arising from commercial agreements. The course involves a detailed exploration of matters relevant to all commercial transactions, including choice of law, the jurisdiction of the English courts over international contracts, and the recognition and enforcement of foreign judgments and awards. The significant impact of EU-generated rules on the conflicts process is examined in depth.

Preliminary reading

  • Collier and Lowe The Settlement of Disputes in International Law – Institutions and Procedures
  • Lew, Mistelis and Kröll, Comparative International Commercial Arbitration
  • R.Doak Bishop, James Crawford and W. Michael Reisman, Foreign Investment Disputes, Case, Materials and Commentary (copy of this book will be supplied)
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