Commercial Conflict of Laws
Credits
|
15
|
Module Convenor
|
Ugljesa Grusic
|
Term Offered
|
Autumn
|
Assessment
|
Examination
|
This module is concerned with the private international law (conflict of laws) problems that can arise with international commercial transactions.
-
If parties from different countries enter into a contract and a dispute subsequently arises, in which country is trial to take place?
-
Does the plaintiff have a choice as to the place of trial?
-
Which country's law is to be applied at the trial?
-
To what extent are the parties free to choose in advancing the governing law?
-
What happens if they fail to do so?
-
Can the judgement in the case be enforced at home or abroad?
This course seeks to answer these questions. Much of the law in this area has been Europeanised and special emphasis will be placed on EC developments (EC conventions and case law). At the same time, there is an opportunity to study topics which are governed by traditional English rules developed by the judges. Multi-national conventions which seek to achieve worldwide harmonisation of private international law will also be relevant at times.