Prerequisites: Introduction to legal methods or equivalent
Dr Jacco Bomhoff
Dr Jan Kleinheisterkamp
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 in two parts.
The first part covers the issues arising in international litigation concerning
the national courts' jurisdiction over international cases,
the choice of the applicable law, and
the recognition and enforcement of foreign court decisions.
The second part treats international arbitration with a focus on
the validity and effects of arbitration agreements,
the applicable laws and procedures,
the challenge, recognition and enforcement of arbitral awards.
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.
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)
Lectures: 36 hours Classes: 12 hours
Assessment: Written work and one written examination