Transnational Commercial Litigation

Module code: M3125
Level 6
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.