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CMJ J62 - International Commercial Litigation* *NOT ESTABLISHED*

Faculty
Andrej Savin, Associate Professor
Course Coordinator
Andrej Savin, Associate Professor
Prerequisite/progression of the course
Previous knowledge of law, especially commercial law, is an advantage but not a prerequisite. This course does not overlap with International Commercial Law HAI-3ICT but complements it.
Course content, structure and teaching
Content:
  • Introduction to Litigation in an International Context
  • Basics of Jurisdiction, Jurisidction under National Law (Example: England)
  • Jurisdiction under EC Law
  • Jurisdiction: US law
  • Choice of Court Agreements
  • Forum Non Conveniens and Antisuit Injunctions
  • Recognition of Foreign Judgments
  • Procedural aspects: Freezing Assets and Obtaining Evidence abroad
  • Seminar class: Products Liability, Defamation and the IP
  • Introduction to Choice of Law, Pervasive Topics, Party Autonomy
  • Choice of Law: Contracts, Consumer & Employee Protection
  • Choice of Law: Tort
  • Litigation and Alternative Dispute Resolution (ADR)
  • Seminar class: Extraterritoriality
This course is about the litigation that results from international commercial transactions. It is designed to give students an overview of how international commercial disputes are resolved in courts. To that effect, the questions asked are: which courts will have jurisdiction, what law will they apply and will foreign judgments so obtained be able to be recognized abroad?
The purpose of the course is to examine the law and practice of commercial litigation from the perspective of the EU and the US. Its objective is to provide a comprehensive but not necessarily technical knowledge of the subject, combined with a good understanding of its commercial context. Teaching in the course is practical and interactive. Assignments normally based upon one or two leading cases, will be set in advance of each meeting.
The course's development of personal competences
To obtain good general knowledge of litigation in an international commercial context. To be able to participate in negotiating international contracts and in international proceedings
Learning Objectives
In order to succesfully complete the course, the students must be able to:
  • Identify, describe and solve problems which relate to commercial disputes with a foreign element.
  • Understand multitude of legal sources in the EU and the US and apply them to problem questions
  • Understand and analyse European and American commercial disputes
  • Analyse and discuss the problem by applying the selected instruments
Type of examination, exam aids and assessment
Written exam, 4 hours, all aids allowed (open book). Students may bring their own computers. Ordinary assessment.
Recommended literature
  • Hartley, C. Trevor, “International Commercial Litigation” (Cambridge University Press 2009)
Other:
  • Cases and international conventions on Sitescape

Sidst opdateret af The Electives Office 22.12.2009