Prof Trevor Hartley NAB 5.11

This course is available on the LLM (extended part-time), LLM (full-time), MSc in Law and Accounting and University of Pennsylvania Law School LLM Visiting Students. This course is available with permission as an outside option to students on other programmes where regulations permit.

Specialism International business law.

This course is capped at 30 students. Students must apply through Graduate Course Choice on LSEforYou.

Students must have completed International Business Transactions: Commercial Litigation (LL4AL).

Students must have taken LL4AL International Business Transactions: Commercial Litigation or obtained equivalent knowledge elsewhere. Knowledge of conflict of laws (private international law) would be useful but is not essential. Non-LLM students must have a full law degree (a degree which fulfils the degree requirement for becoming a lawyer in your country).

A good general understanding of commercial law is essential.

Litigation resulting from international business transactions. The following topics will be studied from the point of view of European Union law, English law, Canadian law and US law: choice-of-court agreements; forum non conveniens and lis pendens; antisuit injunctions; freezing orders; arbitration and the Brussels Regulation; obtaining evidence abroad; recognition and enforcement of foreign judgments.

20 hours of seminars in the LT. 2 hours of seminars in the ST.

There will be a reading week in Week 6 of LT.

All students are expected to produce one 2,000 word formative essay during the course.

Core textbook: Trevor C Hartley, International Commercial Litigation (Cambridge University Press, 2nd edn, 2015) (specified chapters only). For reference: Trevor C Hartley, Civil Jurisdiction and Judgments in Europe (Oxford University Press, 2017). Further reading: Born (Gary B) and Rutledge (Peter B), International Civil Litigation in United States Courts: Commentary and Materials (Wolters Kluwer, Austin, Boston, Chicago, New York, the Netherlands, 5th edn, 2011); Fentiman (Richard), International Commercial Litigation (Oxford University Press, Oxford, 2010); Hartley, “Jurisdiction in Conflict of Laws – Disclosure, Third-Party Debt and Freezing Orders” (2010) 126 LQR 194; Layton (Alexander) and Mercer (Hugh) (eds), European Civil Practice (Sweet and Maxwell, London, 2nd edn, 2004); Raphael (Thomas), The Anti-Suit Injunction (Oxford University Press, Oxford, 2008.

Exam (100%, duration: 2 hours, reading time: 15 minutes) in the summer exam period.