UCL FACULTY OF LAWS

LLM Programme

The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.


INTERNATIONAL COMMERCIAL LITIGATION (LAWSG022)
Credit value: 30 credits (12 ECTS)
Module Convenor:
Dr Alex Mills
 
Intercollegiate teaching: No
Teaching Method: 20 x two-hour seminar
Who may enrol: LLM students
Prerequisites: None
Barred module combinations: None
Core module for specialism: Litigation and Dispute Resolution, International Commercial Law, International Law
Assessment
Practice Assessment: To be confirmed
Assessment method for LLM students: 3-hour unseen written exam
Module Overview

Module summary

This module examines the area of law known as the conflict of laws or private international law, which deals principally with three separate questions which may arise in civil and commercial litigation:

(1) jurisdiction, the question of which court may hear a dispute;
(2) applicable law, the question of which law or laws a court will apply to resolve the dispute; and
(3) the recognition and enforcement of foreign judgments.

The focus of the module is on the rules and principles which apply to resolve these questions as they arise in commercial disputes with an international element before the English courts. It also examines some of the key ancillary orders which the courts may make in dealing with such disputes, such as anti-suit injunctions and asset freezing orders. In examining these different issues, the module draws on a range of sources – the common law, the law of the European Union, and international conventions, as well as a comparative analysis of the approaches taken in other legal systems, particularly the United States, Australia and Canada.

Module syllabus

  • Introduction
  • Jurisdiction under the Brussels I Regulation
  • Jurisdiction under the common law
  • Parallel proceedings and lis pendens
  • Stays of proceedings under the Brussels I Regulation
  • Anti-suit injunctions
  • Freezing injunctions
  • Recognition and enforcement of judgments under the common law
  • Recognition and enforcement of judgments under the Brussels I Regulation
  • Introduction to choice of law; Characterisation
  • Choice of law in contract
  • Choice of law in tort
  • Substance and procedure; Renvoi
  • Public policy and mandatory rules
  • The pleading and proof of foreign law

Recommended materials

There is no single set text for the module. Students will, however, be expected to consult the following textbooks, and may wish to purchase one or more of them:

• Cheshire, North and Fawcett, Private International Law (14th edn, 2008)
• Clarkson & Hill, The Conflict of Laws (4th edn, 2011)
• Hartley, International Commercial Litigation: Text, Cases and Materials on Private International Law (2009)

The following books should also be used for reference and further reading:

• Briggs, The Conflict of Laws (2nd edn, 2008)
• Briggs and Rees, Civil Jurisdiction and Judgments (5th edn, 2010)
• “Dicey, Morris & Collins on the Conflict of Laws” (15th edn, 2012)
• Fentiman, International Commercial Litigation (2010)
• Hill & Chong, International Commercial Disputes: Commercial Conflict of Laws in English Courts (4th edn, 2010)
• Mills, The Confluence of Public and Private International Law (2009)

Preliminary reading

• Cheshire, North and Fawcett, Private International Law (14th edn, 2008), Chapter 1
• Clarkson & Hill, The Conflict of Laws (4th edn, 2011), Chapter 1
• Hartley, International Commercial Litigation: Text, Cases and Materials on Private International Law (2009), Chapters 1-2
• Mills, The Confluence of Public and Private International Law (2009), Chapter 1
• Rogerson, ‘Collier’s Conflict of Laws’ (4th edn, 2013)

Other information: N/A
Prizes for this module: There are currently no prizes available for this module.


APPLICATION NOTICES

The application process for the 2014-15 academic session, for entry in September 2014, is now open.

Please refer to the How to apply section for information on the application process.