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London is a leading centre for international commercial dispute resolution. Most of the cases brought before the English commercial courts involve one or more foreign parties, and many of these have little or no connection with the United Kingdom. Parties from around the world are drawn to litigate in England, seeking to take advantage of the expertise of English law, lawyers and courts. In the (somewhat provocative and controversial) words of the well-known English judge Lord Denning, 鈥淵ou may call this 鈥榝orum-shopping鈥� if you please, but if the forum is England, it is a good place to shop in, both for the quality of the goods and the speed of service.鈥� (The Atlantic Star [1973] QB 364, 382).听

Many of the international commercial claims being brought in the English courts raise complex issues regarding whether, and if so how, the courts should resolve such cases. Any time that proceedings are commenced which have connections with more than one legal system, questions of private international law or the conflict of laws must be considered. The three main questions which arise are:听

1. Jurisdiction 鈥� whether the courts will hear a dispute (including how the courts take into account connections that the dispute may have with foreign legal systems, or the existence of parallel proceedings in a foreign court);听

2. Applicable law 鈥� which law or laws will be applied to resolve the dispute (perhaps counterintuitively, courts will often apply foreign substantive law if the case has its most significant connections with a foreign legal order); and听

3. The recognition and enforcement of foreign judgments 鈥� whether the courts will give effect to a foreign judgment which has already sought to determine the issues between the parties.听

This module examines the rules and principles which apply to resolve these questions as they arise in international commercial litigation. It focuses on the rules and principles which apply in the English courts, but also draws comparisons with the way these issues are dealt with in some other legal systems. This module also examines some of the key ancillary orders which the courts may make in dealing with such disputes, including anti-suit injunctions (which seek to protect English jurisdiction by restraining a party from bringing foreign proceedings) and asset freezing orders (which seek to protect English jurisdiction or assist foreign courts by preserving assets against which a judgment might ultimately be enforced). While the focus is on the treatment of these issues in commercial disputes, it is not just litigation lawyers who need to understand these issues 鈥� transactional lawyers also need to understand and advise on litigation risk when drafting and negotiating contracts.听

The module also features 鈥榩roblem-focused鈥� classes, which examine some of the key contemporary issues in commercial litigation, drawing on the research interests of the teaching team. For example, one of these examines the increasing number of claims before the English courts against multinational companies, seeking to hold English parent companies responsible for the conduct of their foreign subsidiaries. Another looks at the impact of the internet on problems of private international law, including the complexities of dealing with online defamation.鈥�听

The module draws on a range of sources 鈥� the law which applies in England is a mixture of common law rules, statutes, retained EU law, and international conventions, and comparisons are also made with the approaches under some other legal systems. 听

Module syllabus听

1. Introduction听

2. Jurisdiction听

3. Parallel Proceedings and Anti-Suit Injunctions听

4. Asset Freezing Orders听

5. Recognition and Enforcement of Foreign Judgments听

6. Choice of Law in Contract听

7. Choice of Law in Tort听

8. Choice of Law in Unjust Enrichment听

9. Choice of Law in Property听

10. Substance and Procedure听

11. Rule against the Enforcement of Foreign Public Laws; Acts of State; Public Policy and Mandatory Rules听

12. Pleading and Proof of Foreign Law听

13. Problem-focused classes听

Recommended materials听

Module reading lists and other materials will be provided via online module pages, available at the beginning of term once students have enrolled. The following is a provisional guide to relevant books:听

• Text books听

• 鈥楥heshire, North and Fawcett鈥檚 Private International Law鈥� (15th edn, 2017, Oxford University Press)听

• 'Clarkson & Hill's鈥疌onflict of Laws鈥� (5th edn, 2016, Oxford University Press)听

Further reading听

• 'Dicey, Morris & Collins on the Conflict of Laws鈥� (16th edn, 2022, Sweet and Maxwell)听

• Hartley, 鈥業nternational Commercial Litigation: Text, Cases and Materials on Private International Law鈥� (3rd edn, 2020, Cambridge University Press)听

• Rogerson, 鈥楥ollier鈥檚 Conflict of Laws鈥� (4th edn, 2013, Cambridge University Press)听

Preliminary reading听

• 鈥楥heshire, North and Fawcett鈥檚 Private International Law鈥� (15th edn, 2017, Oxford University Press), chapter 1听

• Clarkson & Hill, 鈥楾he Conflict of Laws鈥� (5th edn, 2016, OUP), chapter 1听

Key information