LAW4652 - Transnational litigation - 2019

This unit compares the private international law of major commercial hubs. Private international law (or conflict of laws) is the body of rules applying to civil disputes with an international element. These are the rules on when a court is to assume jurisdiction, when a foreign judgment is to be recognised, and which law is to be applied to a dispute. Private international law is domestic law. Focusing on commercial disputes, this unit explores aspects of the private international law of Australia, Canada, the European Union, Malaysia, Singapore the UK and the US. The unit analyses and compares the legal rules that may apply at the different stages of an international dispute in each of these systems and on that basis discusses the policy and practical issues involved in each context and the considerations that will become relevant for parties when deciding where to litigate.

On completion of this subject, students will be able to:

1. identify, investigate and resolve issues of private international law arising in transnational commercial disputes;
2. analyse, compare and evaluate the legal rules that a court in Australia, Canada, the European Union, Malaysia, Singapore, the UK and the US will apply to address those issues;
3. conduct research into the theoretical and policy considerations underpinning the private international law of these jurisdictions, based on knowledge of appropriate research principles and methods; and
4. generate and communicate practical advice relating to the conduct of transnational litigation and make suggestions for law reform.

Three short essays (1000 words each) 60%;

Outline of Arguments (1200 words) 24%; and

Reasons for Judgement (800 words) 16%

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information