Last modified: 09 Nov 2023 12:16
This course introduces international commercial litigation, the major means of commercial dispute resolution for many sectors of industry and the default means of dispute resolution against which international arbitration is positioned. The course demonstrates the relevance of a venue’s Private International Law (PIL) to its attractiveness for dispute resolution and provides advanced instruction in the relevant post-Brexit aspects of PIL to parties engaged in litigating international commercial disputes.
| Study Type | Postgraduate | Level | 5 |
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| Term | First Term | Credit Points | 30 credits (15 ECTS credits) |
| Campus | Aberdeen | Sustained Study | No |
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The course focusses on the relevance of Private International Law (PIL) for international commercial litigation. It is often PIL that will be determinative of the legal issues that are relevant to the decisions to: a) litigate and b) to litigate in a given venue. This course identifies and examines these PIL issues and also refers to other venue-specific issues relevant to the decision to litigate commercial issues across different legal systems in an international context.
The particular issues selected for seminars will vary depending on current developments in the field. The indicative topics covered by the course are positioning international commercial litigation in a post-Brexit world and with regard to the alternative represented by international commercial arbitration, reasons and ways to litigate in a selected venue and protection of this determination as well as restrictions that may be imposed on this determination, the selection and determination of the applicable law, and ways that the recognition and enforcement of a commercial judgment may proceed under the different jurisdictional regimes. The issues are considered against ‘UK’ principles, EFTA/EU principles and with reference to the relevant international conventions adopted by the Hague Conference on Private International Law.
Information on contact teaching time is available from the course guide.
| Assessment Type | Summative | Weighting | 80 | |
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| Assessment Weeks | Feedback Weeks | |||
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| Assessment Type | Summative | Weighting | 20 | |
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| Assessment Weeks | Feedback Weeks | |||
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| Knowledge Level | Thinking Skill | Outcome |
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There are no assessments for this course.
| Assessment Type | Summative | Weighting | 100 | |
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| Assessment Weeks | Feedback Weeks | |||
| Feedback | ||||
| Knowledge Level | Thinking Skill | Outcome |
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| Knowledge Level | Thinking Skill | Outcome |
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| Factual | Remember | ILO’s for this course are available in the course guide. |
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