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2013/14 Undergraduate Module Catalogue
LAW3380 Transnational Commercial Litigation
20 creditsClass Size: 45
Module manager: Sophia Tang
Email: t.zheng@leeds.ac.uk
Taught: Semesters 1 & 2 (Sep to Jun) View Timetable
Year running 2013/14
Pre-requisites
| LAW1030 | Contract Law |
| LAW1100 | Torts |
This module is not approved as an Elective
Module summary
This module will be of interest of students who want to work in an international legal dimension, or who are interested in international dispute resolution. Transnational Commercial Litigation concerns jurisdiction, applicable law and recognition and enforcement of foreign judgments in cross-border civil and commercial matters. This module provides detailed introduction to private international law currently applied in English courts and makes students understand how to handle disputes with cross-border elements in international litigation. It will focus on international contract and tort and will not cover family law issues.Objectives
The module aims to:- develop students’ understanding of private international law in international commercial litigation;
- provide instruction in European jurisdiction rules and traditional English jurisdiction rules in deciding court’s competency in hearing international civil and commercial disputes;
- provide instruction on choice of law rules in contractual obligations;
- provide instruction on choice of law in non-contractual obligations.
Learning outcomes
On completion of this module, students should 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;
- understand traditional common law instruments of forum non conveniens and anti-suit injunction;
- develop, in the context of the Brussels I Regulation, knowledge of the restriction of the common law approaches in EU;
- acquire knowledge of how the governing law of a contract is ascertained in the Rome I Regulation;
- understand the restrictions used to limit the effect of an applicable law;
- acquire knowledge of how the government law of a non-contractual obligation is ascertained in the Rome II Regulation.
Syllabus
Transnational Commercial Litigation resolves disputes containing foreign elements and decides three issues in relation to international commercial litigation, namely jurisdiction, choice of law and recognition and enforcement of foreign judgments. This module examines private international law in English court. It focuses on the latest development in the European Union which has replaced traditional English private international law in most cases. The module also considers some key common law approaches that remain in use in certain circumstances.
Teaching methods
| Delivery type | Number | Length hours | Student hours |
| Lecture | 22 | 1.00 | 22.00 |
| Seminar | 8 | 1.00 | 8.00 |
| Private study hours | 170.00 | ||
| Total Contact hours | 30.00 | ||
| Total hours (100hr per 10 credits) | 200.00 | ||
Private study
44 hours- 2 hours reading and preparation for each lecture;40 hours- 5 hours reading and preparation for each seminar;
Essay- 26 hours preparation for essay (2000 words);
Examination—60 hours preparation for examination.
Opportunities for Formative Feedback
In lectures;In seminars;
Through 2,000 words assessed essay.
Methods of assessment
Coursework
| Assessment type | Notes | % of formal assessment |
| Essay | 1 x 2000 words | 30.00 |
| Total percentage (Assessment Coursework) | 30.00 | |
Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated
Exams
| Exam type | Exam duration | % of formal assessment |
| Standard exam (closed essays, MCQs etc) | 2 hr | 70.00 |
| Total percentage (Assessment Exams) | 70.00 | |
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 websiteLast updated: 20/06/2014
Browse Other Catalogues
- Undergraduate module catalogue
- Taught Postgraduate module catalogue
- Undergraduate programme catalogue
- Taught Postgraduate programme catalogue
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