production
Skip to Content

LS401Q: PRIVATE INTERNATIONAL LAW OF COMMERCIAL LAW HONOURS (2018-2019)

Last modified: 22 May 2019 17:07


Course Overview

The course will provide a clear overview of the commercial law conventions and principles made at the Hague Conference on Private International Law, as well as an analysis of the working methods of the Hague Conference in making, reviewing and helping to ensure uniform interpretation of Conventions. Students will acquire a thorough knowledge of the Hague Choice of Court Agreements Convention (2005), the Hague Principles on Choice of Law in International Commercial Contracts 2015 and the Hague Recognition and Enforcement of Judgments Convention (first draft 2016). The course will also cover some of the following issues: applicable law for corporations; private international law of banking; and UK and EU jurisdiction and applicable law rules for contract and delict cases.

Course Details

Study Type Undergraduate Level 4
Term First Term Credit Points 25 credits (12.5 ECTS credits)
Campus Old Aberdeen Sustained Study No
Co-ordinators
  • Professor Paul Beaumont

Qualification Prerequisites

  • One of Programme Level 3 or Programme Level 4 or Programme Level 5

What courses & programmes must have been taken before this course?

What other courses must be taken with this course?

None.

What courses cannot be taken with this course?

Are there a limited number of places available?

No

Course Description

The focus will be on the three core elements of private international law (jurisdiction, applicable law, and recognition and enforcement of judgments) in the commercial context. Seminars will vary to take account of current developments and staff availability but will cover most of the following themes: party autonomy in commercial jurisdiction (including the Hague Choice of Court Convention 2005); party autonomy in commercial applicable law (including the Hague Principles on Choice of Law in International Commercial Contracts 2015); recognition and enforcement of commercial judgments (including the Hague Choice of Court Convention 2005 and the Hague Judgments project's draft Convention on recognition and enforcement of judgments); applicable law for corporations; private international law of banking; and UK and EU jurisdiction and applicable law rules for contract and delict cases.


Contact Teaching Time

Information on contact teaching time is available from the course guide.

Teaching Breakdown

More Information about Week Numbers


Details, including assessments, may be subject to change until 30 August 2024 for 1st term courses and 20 December 2024 for 2nd term courses.

Summative Assessments

1st Attempt:

  • 3 hour exam (75%)
  • 2500 word essay (25%)

Normally, no resit is available.

Formative Assessment

There are no assessments for this course.

Feedback

Informative analytical feedback on the essay will be given by individual comments on each essay within the 3 week Law School feedback period. In relation to the exam students will be able to get feedback through an individual session with the course co-ordinator.

Course Learning Outcomes

  • 1) A good comprehension of the role of the Hague Conference on Private International law in making international conventions on commercial law.
    2) A good knowledge of the 2005 Hague Choice of Court Convention and Scottish and English law on choice of court agreements outside the scope of the Convention.
    3) A good knowledge of the Hague Recognition and Enforcement of Judgments Convention (draft 2016) and related Scottish and English law on recognition and enforcement of judgments going beyond the Convention.
    4) A good knowledge of the Hague Principles on Choice of Law in International Commercial Contracts 2015 and the Scots and English law on party autonomy in commercial contracts.
    5) A good knowledge of the applicable law for corporations.
    6) A good understanding of the private international law of banking.
    7) A good understanding of the UK and EU jurisdiction and applicable law rules for contract and delict cases.
    8) An ability to listen effectively and to communicate clearly in class and in writing.

Compatibility Mode

We have detected that you are have compatibility mode enabled or are using an old version of Internet Explorer. You either need to switch off compatibility mode for this site or upgrade your browser.