International and Cross-Border Dispute Resolution
- The main objectives of the course are the following: 1. Obtaining knowledge allowing to assess in a correct way the legal concepts of the cross-border dispute resolution and enforcement; 2. Acquiring the skills of professional evaluation of the competence of the particular forum to resolve the dispute and perspectives of recognition and enforcements of the relevant award; 3. Familiarization of students with main procedural concepts including those unknown in the Russian legal system; 4. Learning the trends of development of the procedural and international commercial arbitration law in the global context.
- Understand the general concepts of international civil procedure, of jurisdiction and procedure in cross-border proceedings, and of recognition and enforcement of foreign judgments; • detect and discuss procedural problems in international cases; • identify and interpret legal sources of international, European and national law, and to apply them to a set of facts.
- Introduction to the Modern System of Dispute Resolution in the Global Context
- Theory and Methodology of International and Cross-Boarder Civil Procedure.
- Sources of International Procedure.
- Choosing a Competent Court: International Jurisdiction.
- Due Process Concept
- Parties to Transnational Disputes.
- Parallel Proceedings and their Prevention.
- Adjudication of Disputes: Applicable Law, Evidence
- Interim and Protective Measures.
- Judicial Cooperation and Legal Assistance: Judicial Requests.
- Recognition and Enforcement of Foreign Courts’ Judgments.
- Litigation at the European Court of Human Rights and other International Tribunals.
- Resolving Disputes in International Commercial and Investment Arbitration: Basic Concepts.
- Written Exam (Case study). On line.Exam – graded assessment of the level of acquired knowledge and developed skills during the Course; includes written questions covering syllabus material, i.e. theoretical and practical dimensions (test). Written 60-minute exam
- Active work on the seminars at the 1st part of the Course
- Active work on the seminars at the 2nd part of the Course, on line.
- Interim assessment (2 module)0.25 * Active work on the seminars at the 1st part of the Course + 0.25 * Active work on the seminars at the 2nd part of the Course, on line. + 0.5 * Written Exam (Case study). On line.
- David McClean. (2012). International Co-operation in Civil and Criminal Matters: Vol. 3rd ed. OUP Oxford.
- Kiestra, L. (2014). The Impact of the European Convention on Human Rights on Private International Law. Den Haag: T.M.C. Asser Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=846011
- Richard Garnett. (2012). Substance and Procedure in Private International Law. Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=2245010
- Gary B. Born, & Peter B. Rutledge. (2007). International Civil Litigation in United States Courts. Aspen Publishers.
- Lazić, V., & Stuij, S. (2018). International Dispute Resolution : Selected Issues in International Litigation and Arbitration. Berlin, Germany: T.M.C. Asser Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1857117
- X.E. Kramer, & C.H. van Rhee. (2012). Civil Litigation in a Globalising World. T.M.C. Asser Press.