Unit name | International Commercial Litigation |
---|---|
Unit code | LAWDM1004 |
Credit points | 30 |
Level of study | M/7 |
Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
Unit director | Dr. Arzandeh |
Open unit status | Not open |
Pre-requisites |
Law of Contract LAWDM0061 (or equivalent) Law of Tort LAWDM0062 (or equivalent) |
Co-requisites |
none |
School/department | University of Bristol Law School |
Faculty | Faculty of Social Sciences and Law |
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 to 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.
Aims:
By the end of this unit, the student will be able, to a degree commensurate with the level at which the unit is taught, to:
This unit is taught by way of 10 lectures (approx.), 10 two-hour seminars and 2 assessment preparation and feedback sessions. Lectures are delivered jointly to students on the related undergraduate unit.
Summative: a 2000 word essay (33%) will assess the candidate's ability to research a topic within the scope of this unit. The remaining Intended Learning Outcomes will be assessed in a 3 hour written examination (67%). Both assessments will assess all of the Intended Learning Outcomes for this unit in the context of topics selected by the examiners.
Formative: students should do one formative assessment (this will usually be 1 x 1500 word essay).