Course title

International Business Litigation (B)Teacher(s)Aude Fiorini、SAITO Akira

Numbering Code

Day・PeriodOther

開講区分単位数

1st semester

1.0

Timetable Slot
Code1J399

Lesson topic
The International Business Litigation (B) – (Europe) course is a private international law course. Private
International Law is a part of the private law of each country and it provides the rules which resolve those cases
containing a foreign element (cross-border cases).
Contemporary Private International Law can be said to have four objects –a) to set out the conditions under which a court has jurisdiction to deal with a case having a foreign element,b) to determine which system of law is to govern the rights of the parties in such a casec) to determine the circumstances in which a foreign judgment will be recognised by the court and the methods bywhich such a judgment may be enforced.
d) facilitating co-operation between States in respect of private international law issues.
The aim of this course is to introduce, and provide instruction on several key aspects of private international law
arising in international civil and commercial disputes having links with the EU. The course will show how the EU
has harmonized rules in this field in 28 European countries and note the uncertainties linked to the departure of
the UK from the EU after almost 50 years of membership (Brexit). The focus of the course will be on litigation
aspects (jurisdiction, procedure and the recognition and enforcement).
Lesson target
By the end of the module, students should:•Have acquired a reasonably advanced knowledge of commercial law aspects of EU private international law which
will provide a basis for specialisation in their future careers, whether in the legal profession, or in academic orother areas of employment.
•Have developed a reasonably advanced familiarity with the literature and legal sources of commercial law
aspects of EU private international law which will enable them to keep their specialist knowledge up to date.
•
Have gained a reasonably advanced understanding of the role played by the European Union in seeking toharmonize rules relating to jurisdiction, the recognition and enforcement of judgments and choice of law andunderstand how this differs from domestic approaches in this field.
•Have a reasonably advanced appreciation of policy considerations which often underpin such initiatives
including understanding of the difficulties raised by Brexit.
More generally, students will also develop the following skills:•

English language skills, including using advanced legal sources;•Problem solving, including being able to give concise and accurate legal advice.

Syllabus and plan
There will be a total of seven interactive lectures or seminars covering the following 4 topics.
Topic 1 (Wed 17 June)– Harmonisation of Private International Law in Europe – History, Challenges and Prospective(Lecture)
Topic 2 (Fri 19 & Wed 24 June) – The Brussels Ia Regulation on Jurisdiction and the Recognition & Enforcement ofJudgments in Civil & Commercial Matters – EU Member States vs Third States Perspectives (Lecture and Workshop)
Topic 3 (Fri 26 & Tue 30 June)– Jurisdiction in Contract and Jurisdiction Agreements (Lecture and Workshop)
Topic 4 (Wed 1 & Fri 3 July) – European Procedures (Lecture and Workshop)
The topics and schedule may be adjusted depending on our progress over the course.

Evaluation method
Formative evaluation through seminar participation and engagement in class discussions. Summative assessment
through a written paper to be submitted after the end of the course and a short oral examination.
Written exam 60%: Oral exam 40%
Evaluation baseline
Students will be expected to understand what private international law is, how it is regulated in Europe, and haveknowledge of selected points in the Brussels Ia, the ESCP/EPO regulations.
The written paper will ask students to answer a legal problem of the kind discussed in the virtual class on a topic
covered in class – showing understanding and problem solving and referring to the regulations covered in class.
The short oral exam will ask students to discuss a question on a topic covered in class and sent in advance of theoral test – testing knowledge alone.
Notice (include info. on related class)Prior knowledge of any domestic system of private international law might be helpful but is not a pre-requisite.
Review and preparation
Prior to the start of the course, students are expected to- have familiarized themselves with the definition and role of private international law (in the context of any
legal system of their choice, for example Japan)- have downloaded the Compendium of European Union Legislation on Judicial Cooperation in Civil and Commercial
Matters 2018 https://op.europa.eu/en/publication-detail/-/publication/a160c110-ac29-11e9-9d0101aa75ed71a1/language-en/format-PDF/source-search and read pp.11-13 (Extracts from the Tampere European Council).
The class on 17 June 2020 (topic 1) does not require to be otherwise prepared.
form of a lecture.

It will mainly take place in theIn order to prepare for topic 2, students are asked to read the recital of Regulation 1215/2012 (colloquially known
as the Brussels Ia or Brussels I Recast Regulation): Compendium, at pp. 74-83.
In order to prepare for topic 3, students are asked to read Articles 4, 7(1), 25, 26, 31 of the Brussels Ia
Regulation.
In order to prepare for topic 4, students are asked to read the recitals of the ESCP and EPO Regulations:Compendium, pp. 695-709.
Review: Study the PowerPoints documents and other class materials, try to solve the problem questions on your own
again to develop a better understanding of the topics covered during the course.
Office hour・Contact information
Contact details will be announced during the course.
Message for student
I look forward to students’ active participation in class. Let’s learn about European Private International Law
together: do not hesitate to interrupt class to ask questions and share your views.
Improvemenets in Teaching

Text

International Commercial Litigation, 2nd ed / T Hartley : Cambridge University Press ,2015 ,ISBN:
European Private International Law, 2nd ed / G van Calster : Hart Publishing ,2016 ,ISBN:Reference Material
A Fiorini, ‘The Evolution of Private International Law’, 57 ICLQ (2008), pp. 969-984.
Brexit: justice for families, individuals and businesses? (March 2017) HL Paper 134, esp. pp. 10-22 & 32-37.
A Fiorini, ‘Facilitating Cross-Border Debt Recovery: the European Payment Order and Small Claims Regulations’, 57
ICLQ (2008), pp. 449-465
Classroom Language
EnglishKeywords
International Commercial Litigation; Private International Law; Jurisdiction; Recognition and Enforcement ofjudgments; Judicial Cooperation in Civil Matters; European Civil Procedures, European Union; Brexit