International Business Transactions I: Litigation
This information is for the 2012/13 session.
Professor T C Hartley, NAB 6.02 and Mr Jacco A Bomhoff, NAB 6.29.
For LLM students intending to offer this subject in the examinations. Other students may attend only with the prior permission of Professor Hartley. Students must have a good general knowledge of law. Knowledge of conflict of laws (private international law) would be useful but is not essential.
This course is capped at 30 students. Students must apply through Graduate Course Choice on LSEforYou.
Litigation resulting from international business transactions.
The following topics will be studied from the point of view of English, Commonwealth, American and (where relevant) European Union law:
1. Judicial jurisdiction in cases involving international business transactions, especially
a. Jurisdiction over companies and individuals;
b. Product liability actions, defamation, intellectual property and multinationals in the Third World;
c. Branches and agents;
d. Constitutional limitations on jurisdiction in the United States;
e. Forum-selection clauses;
f. Forum non conveniens and anti-suit injunctions;
g. Lis pendens.
2. Obtaining evidence in transnational business litigation: extraterritorial application of the forum's own discovery rules, international judicial assistance, blocking statutes and injunctions.
3. Provisional remedies and procedural problems in transnational business litigation: freezing orders (Mareva injunctions), search orders (Anton Piller orders) and equivalent remedies.
4. Recognition and enforcement of foreign judgments in commercial matters.
Seminars: Sessional (LL442).
Students are asked to submit two pieces of written work.
Core textbook: Trevor C Hartley, International Commercial Litigation (Cambridge University Press, 2009).
Further reading: Born (Gary B) and Rutledge (Peter B), International Civil Litigation in United States Courts: Commentary and Materials (Wolters Kluwer, Austin, Boston, Chicago, New York, the Netherlands, 4th edn, 2007); Briggs (Adrian), Agreements on Jurisdiction and Choice of Law (Oxford University Press, Oxford, 2008); Briggs (Adrian), The Conflict of Laws (Clarendon Law Series, Oxford, 2nd edn, 2008); Castel (Jean G), Canadian Conflict of Laws (Butterworths, Toronto, 4th edn, 1997); Cheshire, North and Fawcett, Private International Law (14th edn, Oxford University Press, Oxford, 2008, by James Fawcett and Janeen Carruthers); Collier (John G), Conflict of Laws (Cambridge University Press, Cambridge, 3rd edn, 2001); Collins (Lawrence), Essays in International Litigation and the Conflict of Laws (Clarendon Press, Oxford, 1994); Dicey, Morris & Collins, The Conflict of Laws (Sweet and Maxwell, London, 14th edn, 2006 by Sir Lawrence Collins with specialist editors); Fentiman (Richard), International Commercial Litigation (Oxford University Press, Oxford, 2010); Gaudemet-Tallon (Hélène), Compétence et exécution des jugements en Europe (LGDJ, Paris, 3rd edn 2002); Goode (Roy), Commercial Law (Penguin Books, London, 3rd edn, 2004); Hill (Jonathan) and Chong (Adeline), International Commercial Disputes (Hart Publishing, 4th ed. 2010); Layton (Alexander) and Mercer (Hugh) (eds), European Civil Practice (Sweet and Maxwell, London, 2nd edn, 2004); Lowenfeld (Andreas F), International Litigation and the Quest for Reasonableness: Essays in Private International Law (Clarendon Press, Oxford, 1996); Lowenfeld (Andreas F), Conflict of Laws: Federal, State and International Perspectives (LexisNexis, Newark, NJ; San Francisco, CA, 2nd edn, 2002); Von Mehren (Arthur T), Theory and Practice of Adjudicatory Authority in Private International Law: A Comparative Study of the Doctrine, Policies and Practices of Common- and Civil-Law Systems (Hague Academy of International Law, General Course on Private International Law (1996), (2002) 295 Collected Courses (Martinus Nijhoff Publishers, The Hague, Boston, London, 2003) 1971; Scoles (Eugene F) and Hay (Peter), Conflict of Laws (West Group Publishing Co., St. Paul, Minn., 3rd edition, 2000); Symeonides (Symeon C), Perdue (Wendy Collins) and von Mehren (Arthur T), Conflict of Laws: American, Comparative, International (West, St Paul, Minn., 1998); Weintraub (Russell J), Commentary on the Conflict of Laws (Foundation Press, New York, 4th edn, 2001).
A three-hour written examination (100%).