Subjects 2009
Transnational Commercial Litigation 730888
- Credited Courses: Graduate Diploma in Dispute Resolution 498; Graduate Diploma in Dispute Resolution 498; Graduate Diploma in International Law 323; Graduate Diploma in International Law 323; Graduate Diploma in Legal Studies L08; Graduate Diploma in Transnational Law 333; Master of Commercial Law 504; Master of Commercial Law 504; Master of Laws (LLM) 502; Master of Laws (LLM) 502; Master of Public and International Law 511; Master of Public and International Law 511
Prerequisite
Students are required to have a common law background or demonstrate previous study in private international 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.
