- Advanced/Update/Intermediate *5 hours CPD
This course is for those who wish to seek and build on their knowledge of international commercial litigation - it covers the following areas in some detail and depth; the emphasis always being on the practical:
Identifying the Relevant Jurisdiction under the new Brussels Regulation (Brussels 1)
- Domicile and the general rule of suing the defendant in the place of its domicile
- Exclusive Jurisdiction
- Choice of Forum Clauses
- Construction of such Clauses
- Drafting of such Clauses
- Disputing the Foreign Court’s Jurisdiction
- Special Rules for Contract actions
- Lis pendens and related actions
Jurisdictional Rules under the Common Law (as underpinned by CPR 98)
- Rule 6, CPR 1998 – bringing the defendant into jurisdiction
- Doctrine of forum non conveniens
- Stay of local proceedings
- Antisuit Injunctions
- Interim Measures
Choice of Law for Commercial Contracts
- The Rome Convention as contained in the Contracts (Applicable Law) Act 1990
- Choice of Law clauses - how to construe and apply them?
- Presumptions where there is no choice of law agreement (Article 4(2) Rome Convention)
- Proof of foreign law