This course offers a concise introduction to the legal challenges relating to the international dimension of litigating commercial disputes, both before state courts and in arbitration. London being one of the most important centres for commercial litigation and arbitration in the world, the course focuses on the relevant English and European Union law, invoking experiences from other jurisdictions where useful.
The course is divided into two parts.
The national courts' jurisdiction over international cases,
The choice of the applicable law, and
The recognition and enforcement of foreign court decisions.
The validity and effects of arbitration agreements,
The applicable laws and procedures,
The challenge, recognition and enforcement of arbitral awards.
The syllabus includes:
- Introduction to jurisdiction of courts in commercial matters under Brussels I
- Jurisdiction of English courts in extra-European commercial cases
- Complex commercial litigation
- Enforcement of foreign judgments in commercial matters
- The law applicable to commercial contracts
- Jurisdictional agreements
- Nature and sources of international arbitration
- Drafting and enforcing arbitration agreement
- Arbitral procedure and support by state courts
- The law applicable to the merits in international arbitration
- Challenge, recognition and enforcement of award
- The role of public policy in international arbitration
Special attention will be given to the means of anticipating problems in contractual stipulations such as jurisdictional clauses, choice-of-law clauses and arbitration clauses.
The School of Law is one of the largest departments at the LSE, and has recently been ranked 7th in the 2014 QS World Law School Rankings. On this three week intensive programme, you will engage with and learn from full-time lecturers from the LSE’s law faculty. LL203 course lecturers Dr Jacco Bomhoff and Dr Jan Kleinheisterkamp teach on a number of our undergraduate and graduate law modules, including Conflict of Laws, Investment Treaty Law and Legal Research and Writing Skills.
Hartley, International Commercial Litigation (CUP 2009)
Born, International Arbitration: Law and Practice (Kluwer 2012)
Moses, The Principles and Practice of International Commercial Arbitration (2nd edn, CUP 2012)
*A more detailed reading list will be supplied prior to the start of the programme
**Course content, faculty and dates may be subject to change without prior notice