Unit name | Commercial Conflict of Laws |
---|---|
Unit code | LAWD30136 |
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 | |
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 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:
By the end of this unit a successful student will be able to:
• demonstrate a sound understanding of the conceptual framework which shapes the court-based resolution of transnational business disputes;
• evaluate the different approaches taken by different legal regimes – at both national law and European levels – to key problem issues which arise in the context of a cross-border private-law dispute; and
• 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.
The unit will be taught through 10 one-hour lectures and 10 two-hour seminars.
2 formative assessments: 2 x 1,500 word coursework.
Formative assessments do not count towards final mark and can be optional.
1 x summative assessment: 1 x 3 hour exam in the Summer Exam Period.
Summative assessments do count towards final mark.
The assessments will assess all of the intended learning outcomes for this unit.