JJUA55061U Transnational Litigation and Commercial Arbitration under European, American & International Law - NOTE: NOT OFFERED IN spring 2015 NOTE: This course is not offered in spring 2015.
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 (2012). 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.
- 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
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.
Supplementary on-line materials (case law).
Total required reading: About 550-600 pages
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
- Preparation
- 241
- Seminar
- 34
- Total
- 275
- Credit
- 10 ECTS
- Type of assessment
- Written examination, 4 hour under invigilationWritten with supervision 4 hours
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
Course information
- Language
- English
- Course code
- JJUA55061U
- Credit
- 10 ECTS
- Level
- Full Degree MasterFull Degree Master choice
- Duration
- 1 semester
- Placement
- Spring
- Schedule
- A2 (Tues 10-12 + Thurs 13-17)
- Continuing and further education
- Study board
- Law
Contracting department
- Law
Course responsibles
- Joseph Lookofsky (16-4e737769746c325073736f736a776f7d446e7976326f7932686f)
Lecturers
Professor, dr.jur. Joseph Lookofsky (www.jur.ku.dk/josephlookofsky)