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.
The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).
- Term 2 2019 (On-campus block of classes)
LAW5423 Private international law in commercial disputes
International litigation and arbitration
For Prato Law discontinuation dates, please see http://www.law.monash.edu/current-students/study-opportunities/overseas-study/prato/units/index.html
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.
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.
Research essay (3,750 words): 50%
Practical advice (3,750 words): 50 %
36 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)