2024/25 Taught Postgraduate Module Catalogue

LAW5942M Conflict of Laws in Business Transactions

15 creditsClass Size: 60

Module manager: Professor Gerry McCormack
Email: g.mccormack@leeds.ac.uk

Taught: Semester 2 (Jan to Jun) View Timetable

Year running 2024/25

This module is not approved as an Elective

Module summary

A succinct summary of conflicts of law with particular reference to business transactions addressing the key areas of jurisdiction to hear disputes, choice of applicable law and recognition and enforcement of foreign judgements.

Objectives

The module aims to:
- develop students’ understanding of conflict of laws in relation to international commercial litigation;
- provide advanced instruction in several aspects of Private International Law that are of particular relevance to the competence of courts in international commercial disputes and litigation;
- provide advanced instruction in several key aspects of choice of law that are of particular relevance to business transactions in an international context.

Learning outcomes
On successful completion of the module students will have demonstrated the following learning outcomes relevant to the subject:
- Understand the nature and function of private international law in cross-border business transactions;
- understand the role, nature and implications of jurisdiction agreements in the context of (i) the Brussels I Regulation (ii) the 2005 Hague Choice of Court Agreements Convention (iii) common law in England and USA;
- develop, in the context of the Brussels I Regulation, knowledge of the grounds upon which courts will exercise jurisdiction in actions based upon contract.
- explain the approaches used to combat forum shopping and to deal with conflict of jurisdictions in cross-border commercial litigation;
- acquire knowledge of how the governing law of a contract is ascertained;
-understand the restrictions used to limit the effect of an applicable law;
- explain the specific requirements for conflict of laws in cross-border contracts with inequality bargaining power;
- understand the role played by the European Community and the Hague Conference on Private International Law in seeking to harmonize rules relating to choice of law, jurisdiction and the recognition and enforcement of judgments.
- Appreciate policy considerations which often underpin such initiatives.
- Be aware of the impact this has had on commercial litigation within and outwith the European Union.

Skills learning outcomes
On successful completion of the module students will have demonstrated the following skills learning outcomes
1. Critical thinking, demonstrating openness to alternative ideas and have the ability to interrogate sources
2. Develop academic skills to enable you to source, understand and apply your discipline
3. Be able to evaluate and analyse a range of information to put forward coherent and evidence based arguments
4. Develop advanced communication skills, essential for effective interaction and the dissemination of complex legal concepts.

Syllabus

Details of the syllabus will be provided on the Minerva organisation (or equivalent) for the module

Teaching methods

Delivery type	Number	Length hours	Student hours
Lectures	10	1.00	10.00
seminars	5	1.50	7.50
Private study hours			132.50
Total Contact hours			17.50
Total hours (100hr per 10 credits)			150.00

Opportunities for Formative Feedback

A formal formative assessment opportunity will be provided, which is specifically pedagogically aligned to the summative assessment task. As part of this, each student will receive individual feedback designed to support the development of knowledge and skills that will be later assessed in the summative assessment.

Methods of assessment

Coursework

Assessment type	Notes	% of formal assessment
Assignment	Coursework	100.00
Total percentage (Assessment Coursework)		100.00

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: 04/04/2024

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