Transnational Commercial Litigation
Module code: M3125
15 credits in autumn semester
Teaching method: Seminar
Assessment modes: Essay
This module examines the rules governing commercial litigation in which not all facts are linked to a single jurisdiction. In those cases, the following questions may arise:
- In which jurisdiction can litigation between the parties take place?
- The law of which jurisdiction governs the substantive issues of the dispute?
- Can a judgment rendered in one jurisdiction be recognised and enforced in another jurisdiction?
This module addresses those questions. It focuses on the relevant EC/EU Regulations and English domestic law, but there is also an opportunity to look at international conventions and the law in some other countries.
Module learning outcomes
- Identify when a commercial dispute raises conflictual issues and what those issues are;
- Critically evaluate the rules that apply in transnational commercial litigation to the allocation of jurisdiction, the determination of the applicable law, and the recognition and enforcement of foreign judgments;
- Demonstrate analysis and problem solving skills in applying the existing law to hypothetical scenarios;
- Carry out independent study and research using a range of materials.