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

Semesterangivelse: Forårs kursus

 
Udgave: Jura Kandidatuddannelsen 2011/2012
ECTS points: 10 ECTS
Punkter: 10 ECTS = 1/6 årsværk

Semester:

 Spring 2012
Uddannelsesdel: Kandidat niveau
Andre undervisere: Professor, dr.jur. Joseph Lookofsky (www.jur.ku.dk/josephlookofsky)
Skema- oplysninger:  Vis skema for kurset
Samlet oversigt over tid og sted for alle kurser inden for Lektionsplan for Det Jurdiske Fakultet (kandidat) Jura Kandidatuddannelsen 2011/2012
Undervisnings- periode: Tuesday and Thursday, 10-12
1. Day: Tuesday, 31.1.2012
Please note: The reading assignment for the first day is Transnational Litigation, pages 121-132 and 258-268.

Formål: 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 Assessment)!
The course also includes on-line practice multiple choice-type exercises be completed before each class.
Indhold: 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.

    		•
    Kompetence- beskrivelse: Transnational Litigation & Commercial Arbitration under European, American & International Law

    The objective of the course is to enable the students to:

    - 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
    Eksamensform: The student's grade is based on the result of a written, 2-hour "Multiple Choice"-type exam, (the exam is "open book": all written materials allowed). In addition, during the regular part of the course, each student must participate in 2 in-class "Presentations" on topics/cases which relate to the Required Reading. These Presentations will made by student Teams (3 or 4 students per Team), but each student's contribution to the Presentation will be evaluated separately on a "pass/fail" basis (if a student's contribution to a given Presentation is not satisfactory, that student must make another Presentation at a specified later date; the same applies in case of cancellation due to illness, etc.).
    Eksamen: 8 may 2012
    Kursus hjemmeside:
    Kursus hjemmeside: Only registered students have access to the course Absalon (inter-active learning environment)
    Bemærkninger: 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! IMPORTANT: To make a "satisfactory" oral presentation (and get permission to take the Final Exam) students must also be able to SPEAK English well!
    Pensum: Examination requirements:
    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
    Undervisnings- sprog: Kun engelsk
    Sidst redigeret: 11/1-2012



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