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Unit of study_
LAWS6824: Commercial Conflict of Laws
2022 unit information
Primarily taught by an experienced commercial practitioner, Donald Robertson, this unit will focus on cross-border commercial transactions and disputes with a transnational nature. An emphasis is placed on risk management in those transactions using the tools of private international law. Often in those transactions and disputes, the forum is itself a matter of dispute. The careful use of contractual devices might help manage that risk (litigation risk) as well as the risk of an unexpected and unwanted law applying (transaction risk). After a general introduction and refresher on the rules of private international law, we consider the management of risk in transaction planning and in the implementation of the transaction from the perspective of the rules of private international law. The unit follows chronologically the general course of a cross-border transaction, from inception to transnational dispute. There have been significant developments in the last few years whereby international cooperation in relation to these matters has produced international instruments of great utility, which instruments need to be taken into account at the transaction planning stage.
Unit details and rules
Managing faculty or University school:
Sydney Law School
| Study level | Postgraduate |
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| Academic unit | Law |
| Credit points | 6 |
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Prerequisites:
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None |
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Corequisites:
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None |
| Prohibitions:
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LAWS6884 |
| Assumed knowledge:
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undergraduate law degree |
At the completion of this unit, you should be able to:
- LO1. Develop an ability to design and build appropriate risk management devices into cross-border transactions
- LO2. Have a good technical grasp of major theories and general principles of the conflict of laws
- LO3. Develop a mature understanding of the rules and principles governing venue in transnational litigation and arbitration
- LO4. Develop an appreciation of the practical considerations that inform the choice between litigation or international arbitration and the conduct of such proceedings
- LO5. Identify the significance and implications arising from parallel or multiple proceedings in different forums
- LO6. Have an appreciation of strategic considerations in relation to taking evidence abroad as well as pleading and proving foreign law
- LO7. Identify, critically examine and evaluate the choice of law rules governing contractual, tortious and equitable obligations
- LO8. Examine and critically apply the rules and principles governing the recognition and enforcement of foreign judgments and arbitral awards
Unit availability
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Modes of attendance (MoA)
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