Unit information: Transnational Business Litigation in 2016/17

Unit name	Transnational Business Litigation
Unit code	LAWD30129
Credit points	20
Level of study	H/6
Teaching block(s)	Teaching Block 4 (weeks 1-24)
Unit director	Dr. Arzandeh
Open unit status	Not open
Pre-requisites	LAWD10008 Contract & LAWD10011 Tort
Co-requisites	None
School/department	University of Bristol Law School
Faculty	Faculty of Social Sciences and Law

Description including Unit Aims

It cannot be assumed that a court will decide a case with foreign elements (such as events which have taken place abroad or parties who are resident abroad) in the same way as a case which is entirely domestic. This unit examines three kinds of question which can arise in transnational cases. The first is whether the English court has jurisdiction to hear the matter. Secondly, if the English court is able to assume jurisdiction, it must apply the relevant choice-of-law rules to determine whether English law or the law of a foreign country is applicable to the dispute. Thirdly, a party to litigation which has taken place abroad may seek to have the foreign judgment recognised or enforced in England; the question then is whether the decision of the foreign court should be treated as having definitively determined the rights and obligations of the parties (in England). An examination of these issues involves consideration of not only traditional doctrines of English law, but also a number of EU instruments which regulate various private international law questions.

Aims:

• to understand the conceptual framework which shapes the court-based resolution of transnational business disputes;
• to appreciate the different approaches of English common law and EU law to legal problems generated by transnational litigation;
• to understand the interaction of these two bodies of rules;
• to be able to identify the legal problems posed by hypothetical factual situations and to understand how the applicable norms provide answers to such problems.

Intended Learning Outcomes

By the end of this unit a successful student will be able to:

• demonstrate a sound understanding of the conceptual framework of private international law

• evaluate the different approaches taken by different legal regimes to key problem issues

• show a firm grasp of the important legal principles in the fields of jurisdiction, choice of law and the recognition/enforcement of foreign judgments and be able to apply them accurately to offer reasoned solutions to hypothetical problem questions

Teaching Information

The unit will be taught through 10 one-hour lectures and 10 two-hour seminars.

Assessment Information

• Summative: three-hour examination.
• Formative: students are required to do one, and may do two pieces of formative work

The assessments will assess all of the intended learning outcomes for this unit.

Reading and References

• Clarkson & Hill, The Conflict of Laws (4th edn, 2011)
• Hill & Chong, International Commercial Disputes (4th edn, 2011)
• Roggerson, Collier’s Conflict of Laws (4th edn, 2013)
• Dicey, Morris & Collins, The Conflict of Laws (15th edn, 2012)
• Briggs & Rees, Civil Jurisdiction and Judgments (5th edn, 2009)
• Fentiman, International Commercial Litigation (2010)