CON1001 | Conflict of Laws

Cross-border transactions lead to cross-border legal disputes and in disputes involving a foreign element, courts need to apply principles of Conflict of Laws (‘CoL’). CoL primarily deals with three main issues:
(i) International jurisdiction – which court has jurisdiction over a cross-border dispute?
(ii) Applicable law – which law applies in a cross-border dispute?
(iii) Recognition and enforcement of foreign judgments – whether a foreign judgment can be recognized and enforced?
This course will explain key doctrines and principles of CoL that have been employed to resolve cross-border disputes over a significant period of time. The course focuses on commercial issues in CoL and will deal with contemporary challenges in the subject.