Private international law in international commercial litigation

LWM67

The first module of this course looks at the largely theoretical aspects of private international law. In contrast to many other areas of law, theory has remained and continues to play a very important part particularly in the United States. As the course takes a comparative approach, looking at the law in the EU and in the US it’s very important to understand the different conceptual basis’s that exist in these different jurisdictions. It is also important to understand the rules of applicable law are important to all aspects of international commercial litigation – something that arises from many different international commercial deals. This course also covers the enforcement of judgments when parties from different jurisdictions are involved. The course as a whole tries to take you through those various elements of private international law; the theory, jurisdiction, applicable law and finally enforcement of judgements.

Study as an individual course

Module A: Introduction to private international law in international commercial litigation

LWM67A

History of private international law
The individualist theories of private international law
The state theories of private international law
The economic theories of private international law

Module B: Jurisdiction and competence of courts in private international law

LWM67B

Introduction to the jurisdiction and competence of courts
The Brussels Regulation (No. 44/2001) system
The rules of jurisdiction in England and Wales
The rules and restrictions on jurisdiction in the United States
Insolvency under Regulation (EC) No. 1346/2000

Module C: Applicable law in private international law

LWM67C

Introduction to applicable law
Rome I Regulation and the Rome Convention
Rome II Regulation
Other choice of law rules in England and Wales
The rule for applicable law under the Insolvency Regulation
Choice of law in the United States

Module D: Recognition and enforcement of judgments in private international law

LWM67D

Introduction and considerations for the enforcement of foreign judgments
The recognition and enforcement of judgments under the Brussels Regulation
Other European regimes
The enforcement of judgments in England and Wales
The approach of the United States to the enforcement of judgements

Assessment

Each module will be assessed by a 45-minute unseen written examination.

Sequence

It is strongly recommended you complete Module A.

How to apply

You can apply to study a module individually as a standalone unit or as part of a Postgraduate Certificate, Postgraduate Diploma or Master of Laws qualification. (In either scenario, they must be studied in order.)

These modules also contribute towards the following specialist pathways for Laws:

Commercial and Corporate Law
Comparative and Foreign Law
Corporate and Securities Law
International Business Law
International Dispute Resolution
Procedural Law

Apply via Postgraduate Laws.

Professor Phillip Johnson

Phillip Johnson is the Professor of Commercial Law at Cardiff Law School. His main area of interest is intellectual property law, but he additionally has interests in sports and entertainment law, private international law and UK and EU public law.

He is a practising barrister at the Intellectual Property Bar, and a member of the Irish Bar, the Californian Bar and the Washington DC Bar. He is a Member of the Chartered Institute of Arbitrators, the American Bar Association as well as the Intellectual Property Bar Association. As an Appointed Person (tribunal judge), he hears appeals from the Intellectual Property Office on trade marks and design disputes.

He has consulted to the UK Intellectual Property Office, the World Intellectual Property Organisation, foreign governments, as well as industry, and he has given expert evidence in foreign proceedings.

As a practising barrister, he has advised well-known fashion brands, pharmaceutical and agriculture companies, broadcasters and publishers as well as national newspapers and celebrity magazines.