International Commercial Litigation

About

Does the 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 the court gives a judgment, will that judgment have any effect outside the territory of the court?This module introduces students to the legal regulation of commercial relationships having strong connections with more than one legal system. Although the focus is on litigation before English courts, an international perspective will be adopted. The implications of Brexit in jurisdictional and recognition rules will be considered. The traditional English principles and rules concerning international commercial litigation form the basis of the law in many, primarily common law, jurisdictions and regained relevance in the light of Brexit. Emphasis will also be placed on the relevant principles and rules of European Union law applicable before the courts across Europe and on the Hague Conventions applicable between State Parties.

This module introduces students to the legal regulation of commercial relationships having strong connections with more than one legal system. Although the focus is on litigation before English courts, an international perspective will be adopted. The traditional English principles and rules concerning international commercial litigation form the basis of the law in many, primarily common law, jurisdictions. Since much of the law in this field in England has now been Europeanised, special emphasis will be placed on the relevant principles and rules of European Union law applicable before the courts across Europe.

Course leader

Dr. Murilo Lubambo

Target group

This is a level one module (equivalent to first year undergraduate). No prior subject knowledge is required to study this module but students are expected to have a keen interest in the subject area.

Course aim

Upon successful completion of this module, students will:

be able to differentiate between, and delineate the scope of application of the common law and the retained European Union regimes governing international commercial litigation before English courts
have acquired the practical skills and knowledge necessary to determine the circumstances in which an English court will hear and decide an international commercial dispute
have acquired the practical skills and knowledge necessary to determine the effects of a foreign judgment in England
have acquired the practical skills and knowledge necessary to determine the law governing an international commercial dispute
have acquired the practical skills and knowledge necessary to manage complex international litigations, draft jurisdiction and choice of law agreements, and analyse and argue legal issues

Fee info