Where modules run over two terms as a 30 credit module, SIL students will attend and be assessed on the contents of term 1. Please note that some modules reflect this with an additional "A" in their module code, but this is not the case for all of them due to special assessment arrangements for SIL students.
All assessments are graded on a pass/fail basis.
INTERNATIONAL COMMERCIAL LITIGATION (LAWSG022) Credit value: 30 credits (12 ECTS)
Assessment method for LLM students: 3-hour unseen written exam
Assessment method for SIL students: 3,000 word coursework essay
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.
Jurisdiction under the Brussels I Regulation
Jurisdiction under the common law
Parallel proceedings and lis pendens
Stays of proceedings under the Brussels I Regulation
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
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)
• 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.