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.
World-class LSE teaching
LSE Law has excelled once again in the UK’s nationwide assessment of research quality, impact and environment. The Research Excellence Framework results published in December 2014 show that LSE Law is the UK’s number one law school for legal research.
The 2015 QS World University faculty rankings for Law also place the LSE in the world’s top ten for the subject, making it London’s best Law School.
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