This module is inactive in the selected year. The information shown below is for the academic year that the module was last running in, prior to the year selected.

2016/17 Undergraduate Module Catalogue

LAW3381 Private International Law

20 creditsClass Size: 60

Module manager: Dr Mihail Danov
Email: m.danov@leeds.ac.uk

Taught: Semesters 1 & 2 (Sep to Jun) View Timetable

Year running 2016/17

Pre-requisites

LAW1030	Contract Law
LAW1100	Torts

This module is mutually exclusive with

LAW3380

Transnational Commercial Litigation

Module replaces

LAW3380 Transnational Commercial Litigation

This module is not approved as a discovery module

Module summary

Private International Law addresses issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in relation to civil and commercial law disputes with an international element. The module examines the private international law rules currently applied by the English courts. It does focus on civil and commercial law disputes, and as a result it does not cover family law matters. This module will be of interest of students who want to enhance their knowledge and understanding about the complex issues which arise in cross-border civil and commercial law disputes.

Objectives

The module aims to:

- develop students' understanding of private international law;
- provide instruction about the application of the European and English rules on jurisdiction in cross-border civil and commercial law disputes;
- provide instruction on choice of law rules in relation to contractual and non-contractual obligations;
- examine critically the rules relevant to the recognition and enforcement of foreign judgments in relation to civil and commercial law disputes.

Learning outcomes
On completion of this module, students will be able to:

- understand the nature and function of private international law in cross-border business transactions;
- understand the meaning and application of exclusive jurisdiction, protective jurisdiction, prorogation jurisdiction, general jurisdiction and special jurisdiction in the context of the Brussels I Regulation (Recast);
- understand traditional common law instruments of forum non conveniens and anti-suit injunction;
- develop, in the context of the Brussels I Regulation (Recast), knowledge of the restriction of the common law approaches in the EU;
- acquire knowledge of how the applicable law is ascertained in contractual legal disputes under the Rome I Regulation;
- understand the restrictions used to limit the effect of an applicable law;
- acquire knowledge of how the applicable law is ascertained in non-contractual legal disputes under the Rome II Regulation;
- analyse the rules relevant to the recognition and enforcement of foreign judgments in civil and commercial matters.

Syllabus

The module will examine the following private international law topics:

Topic 1: Introduction: private international law
1.1 Relevant legal sources and basic concepts
1.2 The role played by the European Union

Topic 2: Jurisdiction under the Brussels I regime
2.1 Bases of jurisdiction under the Brussels I regime
2.2 Avoiding parallel proceedings under the Brussels I regime

Topic 3: Jurisdiction under the English traditional rules (i.e. cases where Brussels I does not apply)
3.1 Bases of jurisdiction under English traditional rules
3.2 Declining jurisdiction under English traditional rules

Topic 4: Choice of law in contract
4.1 Determining the applicable law in contractual disputes under the Rome I Regulation
4.2 Mandatory rules and public policy

Topic 5: Choice of law in tort
5.1 Determining the applicable law in non-contractual disputes under the Rome II Regulation
5.2 Mandatory rules and public policy

Topic 6: Recognition and Enforcement of Foreign Judgments
6.1 Recognition and enforcement of foreign judgments under the Brussels I regime
6.2 Recognition and enforcement of foreign judgments under the English traditional rules

Teaching methods

Delivery type	Number	Length hours	Student hours
Lecture	20	1.00	20.00
Seminar	8	1.00	8.00
Private study hours			172.00
Total Contact hours			28.00
Total hours (100hr per 10 credits)			200.00

Private study

Private study: 172 hours (8 hours reading and preparation for each seminar; 54 hours reading, revision and preparation for a 3,000 words essay; 110 hours reading, revision and preparation for a 2-hour unseen examination).

Opportunities for Formative Feedback

In seminars; Through assessed essay and report.

Methods of assessment

Coursework

Assessment type	Notes	% of formal assessment
Essay	1 x 2,000 words	33.00
Total percentage (Assessment Coursework)		33.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Exams

Exam type	Exam duration	% of formal assessment
Exam with advance information on questions	2 hr 00 mins	67.00
Total percentage (Assessment Exams)		67.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Reading list

The reading list is available from the Library website

Last updated: 09/09/2015

Disclaimer

Browse Other Catalogues

• Undergraduate module catalogue
• Taught Postgraduate module catalogue
• Undergraduate programme catalogue
• Taught Postgraduate programme catalogue

Errors, omissions, failed links etc should be notified to the Catalogue Team.PROD