JJUA55061U Transnational Litigation and Commercial Arbitration under European, American & International Law

Volume 2013/2014
Education
Master Level
Content
This course examines and compares the rules used in Europe and the United States to resolve international ”commercial” disputes in cases relating to contracts between merchants and disputes relating to tort (delictual) liability law. Emphasis will be placed on knowledge and skills useful to practicing lawyers who litigate and arbitrate commercial problems at the transnational level.

Among the key topic headings to be considered are the European and American rules relating to: juridical jurisdiction (which national courts can resolve a dispute with an international element); the applicable law (choice and conflict of laws); international commercial arbitration; and execution of foreign judgments and arbitral awards.

The main method of teaching and presentation is the case-method of study and the course materials include a discussion of case studies based on key European and American court decisions (precedents).
All students must participate actively (see Examensform)!
The course also includes on-line practice multiple choice-type exercises be completed before each class.

The course materials will be reviewed and discussed in the following segments:
  • 1. Extraterritorial jurisdiction. Traditional and exorbitant bases of jurisdiction under European and American (State and Federal) law. The EU Brussels I Regulation on Jurisdiction and Judgements (2000). The doctrine of Due Process of law under the U.S. Constitution. Forum non conveniens under American/Common law, etc.
  • 2. Choice and Conflicts of Laws. Choice and conflict under English, American (State and Federal) law. The EU Rome I Regulation on Applicable Law in Contract (2008) and the Rome II Regulation on Applicable Law in Tort (2007).
  • 3. International Commercial Arbitration. Drafting and enforcing the agreement to arbitrate. Ad hoc vs. institutional arbitration. UNCITRAL Arbitration Rules. Choice of law. Lex Mercatoria. Uniform Model Arbitration Act, etc.
  • 4. Execution of Foreign Judgments & Arbitral Awards. Enforcement of foreign judgments under European and American law. Enforcement under the EU Brussels Regulation. New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Learning Outcome
- Present and explain in English the structure and function of European and American Private International Law rules covered and compared by the required reading material for the course
- Identify complex European and American Private International Law and related comparative law problems - Analyze complex European and American Private International Law and related comparative problems
- Argue in favor of various tenable solutions, make a critical weighing of the relevant arguments and make a reasoned choice in relation to theoretical and practical considerations
- Put into perspective concrete relevant European and American Private International Law and related comparative law problems in a way that shows that she/he has a professional breadth of view in relation to and knowledge about the course subject
- Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent
Literature
J. Lookofsky and K. Hertz: "Transnational Litigation & Commercial Arbitration", 3d ed. 2011 ((DJØF Publishing, Copenhagen)
Required Reading (chapters and pages) as noted in course Syllabus.

Total required reading: about 500 pages
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To be qualified for this course a participant must have completed a basic (national law) course in “private law” (contract law and non-contractual liability/tort) and must be able to read, understand and speak English well!
In addition, since the exam will be a written examination (see below), participants should be reasonably proficient in their ability to write in English.
  • Category
  • Hours
  • Lectures
  • 34
  • Total
  • 34
Credit
10 ECTS
Type of assessment
Written examination, 4 hour under invigilation
The student's grade is based on the result of a 4-hour final written exam (with supervision). The exam is “open book” (all materials allowed). In addition, during the regular part of the course, each student must participate in 2 or more oral in-class "Presentations" on topics/cases which relate to the Required Reading. These Presentations are made by Teams (3 or 4 students per Team), but each student's contribution is evaluated separately on a pass/fail basis (if a student's contribution is not satisfactory, that student must make another Presentation at a later date; the same applies in case of cancellation due to illness, etc.) NB: only students who participate satisfactorily in these Presentations will be allowed to take the Final Exam.
Marking scale
7-point grading scale
Censorship form
No external censorship
Exam period
30. May 2014, 9 a.m. - 1 p.m.