International Commercial Litigation

About

Does a court have the power to hear and decide a dispute arising out of an international commercial transaction? Will that power be exercised? Which law will be applied to resolve an international contractual, tortious, or property dispute? Once a court gives judgment, will that judgment have any effect outside its own territory?

This module introduces you to the legal regulation of commercial relationships that have strong connections with more than one legal system. Although the primary focus is on litigation before the English courts, an international perspective is also adopted.

The implications of Brexit for jurisdictional and recognition rules will be examined. Traditional English principles and rules concerning international commercial litigation form the basis of the law in many common law jurisdictions and have regained relevance in the light of Brexit. Attention will also be given to the relevant principles and rules of European Union law as applied before courts across Europe, and to the Hague Conventions applicable between state parties.

Week one
Introduction to International Commercial Litigation
Introduction to Adjudicatory Jurisdiction
Jurisdiction under the Common Law
Jurisdiction under the Brussels I Regulation (BIR): Overview

Week two
Parallel Proceedings
Anti-suit injunctions
Recognition and Enforcement of Foreign Judgments under the Common Law
Recognition and Enforcement of Foreign Judgments under the Hague Conventions

Week three
Introduction to Choice of Law
Choice of Law in Property
Choice of Law in Contract
Choice of Law in Tort

Course leader

Dr. Murilo Lubambo

Course aim

This module aims to:

- Introduce you to the fundamentals of the law concerning international commercial litigation.
- Present the common-law and retained European Union regimes governing international commercial litigation in English law and the diverse ways in which these two regimes may interact.
- Introduce the theory and practice of the fundamental principles and rules governing international commercial litigation in English courts.
- Introduce the basics of managing complex international commercial litigation and some of the tactics that litigators employ to secure proceedings in the preferred forum and the application of the law most favourable to their client.
- Hone your analytical, problem-solving, written and oral communication skills and develop your case and statute-reading skills.

Fee info