Course Description:-

This course is divided into eight parts, the course takes you three the major issues of ‘private international law’ or ‘conflict of laws’ that are likely to arise in disputes involving a ‘foreign element’, namely: one, which national court has jurisdiction to entertain the dispute; two, which national law must the court which has jurisdiction apply to decide the substantive issues in dispute; and three, the cross-border recognition and enforcement of foreign judgments.

Are you a:

• Law student eager to build a career in international dispute resolution;

• Practicing lawyer intent on enhancing your knowledge of, and skills necessary for practicing in international arbitration and alternative dispute resolution; or

• Management and Finance student or professional keen to get a working understanding of conflict of law issues that arise in cross-border transactions?

 We recommend that you enroll in this course now. We also recommend that you enroll in the <Specialized Course on International Arbitration> (created with institutional inputs and guidance from the Singapore International Arbitration Centre), to get a deeper and more holistic understanding of international dispute resolution.

PROGRAMME OUTLINE

UNIT ONE – THE SCOPE OF PRIVATE INTERNATIONAL LAW

• Contains an overview of the scope of the topic of study and the legal framework.

UNIT TWO – FORUM SELECTION IN INTERNATIONAL DISPUTES-I  

• Delves deeper into the first question of private international law, namely, which national court has jurisdiction to entertain a dispute with cross-border elements? 

• Explains the basic principles of jurisdiction determination in rem and in persona claims.

• Also explains how the doctrine of sovereign immunity impacts international litigation. 

UNIT THREE – FORUM SELECTION IN INTERNATIONAL DISPUTES-II

• A continuation of Unit 2, this Unit looks at the other question relating to jurisdiction: where a national court can assume jurisdiction in accordance with the principles discussed in Unit 2, should it?  

• It discusses the various circumstances where a national court may decline jurisdiction: because it recognizes that another forum is more convenient (forum non conventions), or perhaps to avoid multiplicity of proceedings where a suit has already been commenced elsewhere (lis alibi pendens). 

• It also discusses the practical application of these principles – in the ‘stay’ of local proceedings, and in the restraint of foreign proceedings by way of an anti-suit injunction.

UNIT FOUR – THE APPLICABLE LAW-1

• Here, we will look at the second question that private international law answers, namely, which system of law should govern the substantive issues in dispute in case involving a ‘foreign element’. Is it the forum state’s laws or some other legal system? How does one determine which system of law to apply?

• To answer this questions, this Unit takes readers through the preliminary steps—how to characterize a cause of action or law, the substance-procedure distinction, and renvoi. 

UNIT FIVE – THE APPLICABLE LAW-1I 

• Continues where Unit 4 ends, and looks at the various ‘connecting factors’ that conflicts rules lay down with respect to different subject matters. 

• We start with contracts, as contractual disputes are what most commercial practitioners are likely to encounter in their international disputes practice, and move on to torts, restitutionary and in rem claims. 

UNIT SIX – THE APPLICABLE LAW-1II

• Having looked at the various ‘connecting factors’ that conflicts rules lay down with respect to different subject matters in Unit 5, Unit 6 revisits the ‘process’ issues involved in applying a foreign law with reference to Indian law. 

• We also look at some of the grounds on which the Indian court may refuse to apply the foreign law or ‘exclude’ the foreign law—for example, on grounds of public policy. 

 UNIT SEVEN – THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

• Looks at the third leg of private international law—the recognition and enforcement of foreign judgments, with reference to the rules set out in the Code of Civil Procedure, 1908 (“CPC”).

UNIT EIGHT – PRIVATE INTERNATIONAL LAW IN INTERNATIONAL ARBITRATION 

• In this Unit, we explore the different systems of law that may govern the different aspects of an international arbitration and the conflicts principles that are used to determine the applicable law(s), with and without party choice.  

DID YOU KNOW

• Why is ‘private international law’ also called ‘conflict of laws’? Because when cases involving a ‘foreign element’ arise before a national court, more than one municipal law may be relevant to the case, and the court first needs to decide the ‘conflict’ between the various relevant laws, and see which law applies to the dispute at hand. 

• Did you know that in international litigation, issues could arise as to ‘which court’ and ‘which law’? It is ‘private international law’ that provides the answers to these preliminary issues before a court can proceed to decide the substantive issues in dispute between the parties. 

Course Duration: 12 Weeks

For any query give a miss call:

08587999769