Module description
The course aims to provide a general grounding in international (cross-border) civil and commercial litigation, focusing primarily on jurisdiction, recognition and enforcement and choice of law.
The course will concentrate on contractual and non-contractual obligations but will also provide an introduction to the cross-border aspects of selected other areas, including property and arbitration. The course is indispensable for anyone considering work in civil and commercial litigation and arbitration, in light of the fact that most dispute resolution involves cross-border elements.
Assessment details
Examination (100%)
Educational aims & objectives
Private International Law is that part of the legal system which determines how foreign elements are treated in private law relations. Which country’s law applies? Where can you sue and be sued? How are foreign judgments and arbitral awards recognised and enforced in England, and English ones elsewhere? The regulation of these areas is found in English domestic law, as well as in international conventions and European law, although the effect that Brexit will have is still uncertain.
The purpose of the course is: to consider the private international law rules which apply in this field across a range of legal areas, with particular emphasis on the civil and commercial aspects; to develop an understanding of the methodology of the subject; to continue to develop students' analytical and critical capacities; to encourage students to think creatively in those areas of the subject where the law is undeveloped.
Concrete practical problems are addressed throughout the course (hence the emphasis in the examination on the resolution of problems).
Teaching pattern
Seminar (1 x 2 hours per week)
Suggested reading list
- The main textbook for this module is David McLean, Veronica Ruiz Abou-Nigm, Morris: The Conflict of Laws, Tenth Edition (Sweet & Maxwell, 2021). Trevor Hartley, International Commercial Litigation. Text, Cases and Materials on Private International Law, Third Edition (CUP, 2020) is a supplementary reading.