LAW4652 - Transnational litigation - 2019

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Chief examiner(s)

Dr Nadirsyah Hosen (Malaysia)
Prof Marilyn Pittard (Prato)

Unit guides

Offered

Prato

  • Term 2 2019 (On-campus block of classes)

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:

LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2101 and LAW2102; LAW2201 and LAW2202 or equivalent

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112

Prohibitions

LAW4156Not offered in 2019 Conflict of laws - private international law

LAW4658Not offered in 2019 International litigation and arbitration

Synopsis

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.

Outcomes

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.

Assessment

Three short essays (1000 words each) 60%;

Outline of Arguments (1200 words) 24%; and

Reasons for Judgement (800 words) 16%

Workload requirements

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