LAW5608 - Transnational litigation - 2019

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - 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

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Unit guides

Offered

Malaysia

  • Term 3 2019 (On-campus)

Prato

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

Prerequisites

LAW5003 or equivalent

Prohibitions

LAW5423Not offered in 2019 Private international law in commercial disputes

LAW5612 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 discuss 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:

  • identify, investigate and resolve complex issues of private international law in transnational commercial disputes;
  • 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 these issues;
  • conduct research into the theoretical and policy considerations underpinning the private international law of these jurisdictions, based on knowledge of advanced research principles and methods, and make suggestions for law reform; and
  • generate and communicate sophisticated practical advice relating to the conduct of transnational litigation.

Assessment

Research essay (3,750 words): 50%

Practical advice (3,750 words): 50 %

Workload requirements

36 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)