Commercial Conflict of Laws (LAWS6824)

UNIT OF STUDY

The unit, taught by two experienced commercial litigators (Andrew Bell SC of the Sydney Bar and Don Robertson of Herbert Smith Freehills), will focus on commercial disputes with a transnational dimension and explore both the law and strategic considerations involved in jockeying for forum: why it can matter, how it is done and how it can be resisted. This will involve a consideration of the jurisdictional rules for bringing proceedings in Australia against foreign defendants; the law relating to obtaining temporary and permanent stays of proceedings both on forum non conveniens grounds and by reference to exclusive jurisdiction and arbitration agreements; the role of anti-suit injunctions and negative declarations and some consideration of the enforcement of foreign judgments. Ancillary practical issues of great importance which are also considered include incoming and outgoing letters of request, the taking of evidence by video link, the role and proof of foreign law, foreign state immunity and provisional measures such as transnational freezing orders. The unit has a strong practical bent and is particularly designed for those engaged or wanting to become engaged in commercial litigation and arbitration with a transnational dimension.

Further unit of study information

Classes

May 16, 17 & 30, 31 (9-5)

Assessment

class participation/case study (20%) and 7000wd essay (80%)

Textbooks

Davies, Bell and Brereton Nygh's Conflict of Laws in Australia 8th ed., 2010

Faculty/department permission required?

No

Unit of study rules

Prerequisites and assumed knowledge

Prerequisite: Assumed knowledge: undergraduate law degree

Prerequisite: Assumed knowledge: undergraduate law degree

Prohibitions

LAWS6884

Study this unit outside a degree

Non-award/non-degree study

If you wish to undertake one or more units of study (subjects) for your own interest but not towards a degree, you may enrol in single units as a non-award student.

Cross-institutional study

If you are from another Australian tertiary institution you may be permitted to underake cross-institutional study in one or more units of study at the University of Sydney.