Specialised course on Private International LawRapid Skillz
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- Short course
¿Qué aprendés en este curso?
This Course Consist of the following contents -UNIT 1– THE SCOPE OF PRIVATE INTERNATIONAL LAW -Contains an overview of the scope of the topic of study and the legal framework. UNIT 2– 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 in rem and in personam claims. Also explains how the doctrine of sovereign immunity impacts international litigation. UNIT 3– 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 recognises that another forum is more convenient (forum non conveniens), 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 4– 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 characterise a cause of action or law, the substance-procedure distinction, and renvoi. UNIT 5– 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 6– 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 7– 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 8– 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.
This Course is Made for Students and The complex legal framework of international laws and their interplay. The interface between the various legislations and the effect it has on cross border transactions. The implication of the various conflict of laws on arbitration and other international proceedings.