Course Catalogue

View Specification Document | Reading List

This Honours course considers the rules of international private law and civil procedure as they apply to international commercial litigation. Students will be study, in-depth, the rules of civil and commercial jurisdiction (and how conflicts of jurisdiction are resolved by the tools of forum non convenient and anti-suit injunctions). The choice of law for contractual, and related non-contractual, obligations will be assessed. The mechanisms for recognising and enforcing foreign judgments, and for protecting or enhancing a judgment creditor's prospects of recovery (e.g. search orders, freezing orders, etc) will also be studied.

10 x 2-hour seminars

This course is only available to LLB students.

A pass in International Private Law Level 2 is not a prerequisite of entry to the course but, if oversubscribed, preference will be given to students who have studied that course (or equivalent at a foreign institution) and places, in the first instance, will be allocated according to performance in IPL Level 2 (or foreign equivalent). Thereafter, places will be allocated according to grade point average performance.

None.

None.

Essay (1,500 words) (20%)

■ covering material in seminars 1, 2, 3 and 4.

1 x. 2-hours exam (2,500 words) (80%)

■ covering all material in seminars 1 -10

■ Section A - compulsory (problem) question [60% of total assessment]

■ Section B - one from two essays covering material in seminars 5 - 10 [20% of total assessment]

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

The aims of the course are:

1. To explain the nature and the theory of the subject of International Private Law, its methods and terminology.

2. To enable students to identify conflict of laws issues in legal problems in the area of civil and commercial jurisdiction, and to equip them to apply conflict rules of Scots and English law, so that they may provide accurate, relevant and authoritative answers to problems arising within the subject area.

3. To enable students critically to describe problems of the interpretation and ambit of jurisdictional rules, and to present reasoned argument upon complex conflict of laws problems in the area of civil jurisdiction and concerning the recognition and enforcement of foreign judgments.

4. To enable students to provide an informed evaluation of the different methods of allocation of jurisdiction, and resolution of potential conflicts thereof.

5. To equip students to apply choice of law rules in relation to cross-border problems concerning contract and related non-contractual claims.

6. To familarise students with the wider landscape of international commercial litigation, including protective measures, the substance/procedure distinction, and proof of foreign law.

7. To develop student skills in handling materials relating to conflict rules in the area of civil and commercial jurisdiction and applicable law, including statutory and case interpretation.

By the end of this course students will be able to:

1. Explain the nature and the theory of the subject of International Private Law, its methods and terminology.

2. Identify conflict of laws issues in a legal problem, in the area of civil and commercial jurisdiction, present argument informed by conflict of laws reasoning, and provide accurate, relevant and authoritative answers to problems arising within the subject area.

3. Provide an informed evaluation of the different methods of allocation of international jurisdiction, and resolution of possible conflicts thereof.

4. Apply choice of law rules in relation to cross-border problems concerning contractual and related non-contractual claims.

5. Apply rules relating to the enforcement of foreign civil and commercial judgments, and provide an informed evaluation of those regimes.

6. Discuss, in an informed manner the impact of cognate areas of international private law and civil procedure on the conduct of international commercial litigation (e.g. freezing orders, proof of foreign law, the substance/procedure distinction), and give reasoned advice on that question.

7. Discuss the subject of law reform in the area of international commercial litigation, showing appreciation of recent and proposed law reform measures (national and international), including, in particular, the impact of the exit of the United Kingdom from the European judicial area.

8. Demonstrate reasonable competence in written communication and complex problem solving, showing evidence of ability to handle with discernment source materials relating to rules of civil and commercial jurisdiction, including statutory and case law and consultation documents.

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.