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International Litigation

Learning Objectives:

  • Gain practical knowledge of the procedural and strategic aspects of international litigation.

  • Analyze and apply relevant case law to cross-border disputes.

  • Develop skills in managing jurisdictional issues and choice of law.

  • Understand the enforcement mechanisms for foreign judgments and arbitral awards.

  • Engage in simulations and moot courts to practice litigation techniques.

  • Explore the influence of international treaties and organizations on litigation practices.

Course Description:

This postgraduate course delves into the practical aspects of international litigation, emphasizing real-world applications and case law. Students will learn the intricacies of cross-border dispute resolution through the study of landmark cases, procedural strategies, and the enforcement of judgments and arbitral awards. The course will equip students with the skills needed to effectively manage international litigation cases from start to finish.

Course Structure:

Module 1: Fundamentals of International Litigation

  • Introduction to international litigation practice

  • Key principles and challenges

  • Overview of relevant international treaties and conventions

Module 2: Jurisdiction and Choice of Law

  • Jurisdictional theories and practice

  • Case law on jurisdictional disputes (e.g., Morrison v. National Australia Bank, Asahi Metal Industry Co. v. Superior Court)

  • Choice of law principles and their application

  • Case law on choice of law (e.g., Phillips v. Eyre, Rome I Regulation)

Module 3: Procedural Aspects and Strategic Considerations

  • Procedural rules in different jurisdictions

  • Discovery and evidence gathering in cross-border disputes

  • Case law on procedural issues (e.g., Aérospatiale v. District Court)

  • Strategic planning and case management

Module 4: International Arbitration

  • Overview of international arbitration procedures

  • Case law on arbitration agreements and awards (e.g., BG Group v. Argentina, Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth)

  • Enforcement of arbitral awards under the New York Convention

  • Practical exercises in drafting arbitration agreements

Module 5: Enforcement of Foreign Judgments and Awards

  • Mechanisms for recognition and enforcement of foreign judgments

  • Case law on enforcement (e.g., Hilton v. Guyot, F. Hoffmann-La Roche Ltd v. Empagran S.A.)

  • Challenges and defenses to enforcement

  • Practical strategies for enforcing judgments and awards

Module 6: International Treaties and Organizations

  • Role of international treaties in litigation (e.g., Hague Convention on Choice of Court Agreements)

  • Influence of international organizations (e.g., International Court of Justice, European Court of Human Rights)

  • Case studies on the impact of international law (e.g., LaGrand Case (Germany v. United States)

Module 7: Case Studies and Practical Exercises

  • Detailed analysis of landmark international litigation cases

  • Moot court exercises based on real-world scenarios

  • Simulation of cross-border litigation processes

Module 8: Contemporary Issues and Future Trends

  • Emerging trends in international litigation (e.g., litigation finance, digital evidence)

  • Case law on contemporary issues (e.g., Google Inc. v. Equustek Solutions Inc.)

  • Future developments in international dispute resolution

Assessment Methods:

  • Written assignments and case briefs

  • Participation in moot courts and arbitration simulations

  • Research paper on a relevant topic in international litigation

  • Final examination focusing on case law analysis and practical applications

Suggested Reading List:

  1. "International Litigation: Cases and Materials on the Rise of Intermestic Law" by Thomas E. Carbonneau and William E. Butler

  2. "International Litigation and Arbitration" by David J. Bederman

  3. "International Civil Litigation in United States Courts" by Gary B. Born and Peter B. Rutledge

  4. "The Principles and Practice of International Commercial Arbitration" by Margaret L. Moses

  5. "The Law and Practice of International Commercial Arbitration" by Redfern and Hunter

Practical Components:

  • Guest lectures from experienced international litigators and arbitrators

  • Workshops on drafting and procedural tactics

  • Participation in international moot court competitions

  • Internships or externships with law firms or organizations specializing in international disputes

Course Duration:

The course is designed to run over two semesters, providing a balanced mix of theoretical knowledge, practical exercises, and in-depth analysis of case law.

This structure will ensure that students not only understand the theoretical underpinnings of international litigation but also gain the practical skills necessary to excel in this challenging field.

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