Transnational Commercial Litigation

Subject 730-888 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2009:

For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites:

Students are required to have a common law background or demonstrate previous study in private international law.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Have a good technical grasp of relevant principles
  • Have a mature understanding of the importance of the question of venue in transnational litigation
  • Have an appreciation of strategic considerations in transnational commercial litigation
  • Be able to identify the significance of, and implications arising from, parallel or multiple proceedings in different forums.

Syllabus:

Principal topics will include:

  • The importance of venue in transnational litigation
  • Commencement of proceedings and jurisdictional challenges: Practice and procedure; principles
  • Stays of proceedings: Forum non conveniens
  • Stays of proceedings: Jurisdiction and arbitration agreements
  • Arbitration agreements and the International Arbitration Act 1974 (Cth)
  • Anti-suit injunctions
  • Negative declarations
  • Letters of Request and evidence on commission
  • Video link evidence
  • Transnational freezing orders.
Assessment:
  • Class participation (20%)
  • Research paper 7,500 words (80%) (29 October) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: P12.507Semester 2NLawLawYNNNParkvillePARKVILLETransnational Commercial Litigation730-888200924 - 26 contact hours per subject.For the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730888Melbourne Law Masters, postgraduate law, post-graduate law, graduate law

Objectives:

A student who has successfully completed this subject should:

  • Have a good technical grasp of relevant principles
  • Have a mature understanding of the importance of the question of venue in transnational litigation
  • Have an appreciation of strategic considerations in transnational commercial litigation
  • Be able to identify the significance of, and implications arising from, parallel or multiple proceedings in different forums.

Syllabus:

Principal topics will include:

  • The importance of venue in transnational litigation
  • Commencement of proceedings and jurisdictional challenges: Practice and procedure; principles
  • Stays of proceedings: Forum non conveniens
  • Stays of proceedings: Jurisdiction and arbitration agreements
  • Arbitration agreements and the International Arbitration Act 1974 (Cth)
  • Anti-suit injunctions
  • Negative declarations
  • Letters of Request and evidence on commission
  • Video link evidence
  • Transnational freezing orders.
  • Class participation (20%)
  • Research paper 7,500 words (80%) (29 October) (topic approved by the subject coordinator)
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.

Students are required to have a common law background or demonstrate previous study in private international law.

N.A.N.A.Law730-8882

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