Aims

This module is a third stage elective module designed to give students an opportunity to study the process for resolving cross-border disputes (a dispute to which the law of more than one country might apply). The module addresses three principal questions: (i) does an English court or other non-judicial decision maker (eg an arbitrator) have jurisdiction to hear the dispute, (ii) if so, what law or laws will be applied to resolve the dispute, and (iii) in which circumstances will the judgments of a foreign court or decisions of a non-judicial decision maker be recognised by an English court? The module focusses on international commercial disputes, particularly disputes concerning contract, tort and property.

Outline Of Syllabus

Lectures:-
1. The Framework of Private International Law
2. Jurisdiction: European jurisdiction framework; choice of court agreements; special jurisdiction in contract and tort; forum non conveniens and anti-suit injunctions
3. Choice of Law: Method (principles, theory, techniques); statutes and exclusion of foreign law; contract; tort; property
4. Recognition and enforcement of foreign judgments
5. International dispute resolution

Seminars:-
1. Theoretical basis for Private International Law
2. Jurisdiction
3. Choice of law – contract
4. Choice of law - tort
5. Dispute resolution

Teaching Rationale And Relationship

The use of lecturing as the principal teaching method is justified by the technical nature of the subject and the need to provide initial exposition to assist students in achieving the knowledge base. The seminars focus strongly on the skills outcomes and especially the problem solving skills. The seminars provide the opportunity to demonstrate knowledge, understanding and application. The private study takes the form of directed study following on from lectures and in preparing for seminars. It also includes self directed study for the assessed coursework which will bring together the knowledge and the cognitive, research and the assessed key skills.

Assessment Rationale And Relationship

The moot is justified in that it enables candidates to demonstrate in particular the outcome of research, team work (students marked individually, but criteria includes a mark for cohesiveness of submissions), depth of understanding and oral communication skills of a sophisticated order. The examination is used to provide an opportunity to demonstrate understanding and skills. In particular, the medium is particularly suitable for problem solving and, further, it allows candidates to demonstrate intended learning outcomes across a broad range of topics within the syllabus.