Last modified: 22 May 2019 17:07
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.
| Study Type | Undergraduate | Level | 4 |
|---|---|---|---|
| Term | First Term | Credit Points | 30 credits (15 ECTS credits) |
| Campus | Old Aberdeen | Sustained Study | No |
| Co-ordinators |
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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.
Information on contact teaching time is available from the course guide.
1st Attempt
Normally, no resit is available.
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.
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.
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