51063001--Research on Special Studies on Private International Law

发布时间:2023-09-20浏览次数:71

Course Syllabus of Zhongnan University of Economics and Law

 

Course Title:   Research on Special Studies on Private International Law

Course Code

51063001

Semester

2

Teaching Hours

64

Credits

4

Prerequisites

International Law, Civil Procedure Law, Civil Law

Instructor Information

Name

SU Yantao, HUANG Zhihui

Email

suyantao@hotmail.com; huangzhihui@zuel.edu.cn

Institute

Law School

Applicable Object

International Students (Phd)

Course Objectives

This course mainly introduces the general knowledge of private international law, especially the theory and practice of international civil and commercial dispute settlement, the main principles, rules and systems of domestic law and international law, so as to enable students' general ability to solve international civil and commercial disputes.  

The training objectives of the course are as follows: Firstly, imparting the basic knowledge of international civil and commercial dispute settlement and understand the basic methods of international civil and commercial dispute settlement. Secondly, promoting students’ ability of mastering the main legal norms of major countries all over the world in international civil and commercial disputes and resolution. Thirdly, offering a more systematic understanding of the international treaties and practices for the settlement of international civil and commercial disputes. Finally, enhancing students’ understanding of the relevant rules and systems of China to solve international civil and commercial disputes, and be able to use China's relevant laws to solve practical problems.

 

 

 

 

 

Course Description

(200 words)

The focus of this course is to strengthen students' ability to solve practical problems on the basis of understanding theoretical knowledge. Enhancing students’ understanding of the principles and procedures of international civil and commercial dispute resolution, especially to improve students’ understanding on the main methods and procedures of handling foreign-related civil and commercial disputes in China, and to master the basic ideas and main methods of handling international civil and commercial disputes.

 

—To promote students’ ability of mastering the basic operation process of international civil litigation and international commercial arbitration and mediation, systematically mastering the main principles, rules and systems concerning international civil and commercial jurisdiction, arbitration jurisdiction, the choice of law in international civil and commercial litigation and international commercial arbitration, the recognition and enforcement of international civil and commercial judgments and arbitral awards as well as of international commercial mediation.

 

—To Enhance students’ ability of solving the procedural, factual and legal problems in international civil litigation and international commercial arbitration cases can be improved through team simulation litigation and arbitration. Based on students’ systematic mastery of international civil and commercial dispute resolution knowledge, their ability to analyze and solve practical problems can be strengthened.

 

—To cultivate students’ open and inclusive legal thinking and make them become legal talents with comprehensive knowledge and outstanding ability concerning foreign-related legal issues.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Assessment Methods

 

 

The testing and evaluation mainly include three parts: first, the usual class attendance; second, the group presentation in the middle of the course; third, the course paper at the end the course. The group presentation in the middle of the course require students selecting one of the cases discussed in the course for simulated litigation or arbitration. The course paper submitted at the end of the course needs to be written by individuals independently, which should elaborate a specific issue in the settlement of international civil and commercial disputes from the academic point of view. It is usually submitted within two weeks after the end of the course.

 

                            Date                    Weight

Attendance                                        20%

Group report     5th week                  30%

Final exam       10th week                 50%

Total                                                  100 %

 

 

 

 

 

 

 

Textbooks and References

 

 

Trevor C. Hartley, International Commercial Litigation, 3rd ed. , Cambridge University Press, 2020.

Margaret L. Moses, The Principles and Practice of International Commercial Arbitration, 2ed. , Cambridge University Press, 2012.

Zheng Sophia Tang, Yongping Xiao and Zhengxin Huo, Conflict of Laws in the Peoples Republic of China, Edward Elgar Publishing, 2016.

 

 

 

 

 

 

 

 

 

 

 

Course planning

Chapter 1

Introduction

Topic1: The emergence and characteristics of private international law

Topic2: The main ways to resolve international civil and commercial disputes 

Topic3: Governance of private international law and construction of international civil and commercial order 

Topic4: private international law in China's Foreign Exchanges 

 

Chapter 2

International Civil and Commercial Jurisdiction

Topic1: Evolution of the theoretical basis of jurisdiction 

Topic2: European Union civil and commercial jurisdiction system 

Topic3: American civil jurisdiction system 

Topic4: China's foreign civil and commercial jurisdiction

 

Chapter 3

International parallel litigation

Topic1: Manifestations of international parallel litigation 

Topic2: The principle of forum non conveniens 

Topic3:Lis Pendens rule

Topic4:Anti-suit injunction

Topic5: Jurisdiction by agreement

Topic6: Expected recognition method

 

Chapter 4

The choice of international uniform substantive law and applicable law

Topic1: Uniform substantive law in international trade

Topic2: The choice of law in international commercial contracts

Topic3: The limitation on choice of law

 

Chapter 5

International civil and commercial judicial assistance

Topic1: Extraterritorial service

Topic2: Extraterritorial evidence collection

Topic3:Recognition and enforcement of civil and commercial judgments

 

 

 

 

Chapter 6

International commercial arbitration

Topic1: The drafting of arbitration agreement and its effectiveness 

Topic2: Application of law in arbitration 

Topic3: Arbitration proceedings 

Topic4:Judicial Assistance and judicial supervision in arbitration

 

 

Chapter 7

International commercial arbitration award

Topic1: Making of arbitration award

Topic2: Cancellation of arbitration award 

Topic3: Recognition and enforceability of arbitral awards 

Chapter 8

Discussion on international commercial mediation:;;

Topic1: Mediation culture 

Topic2: Operation of mediation procedures 

Topic3: Recognition and enforcement of mediation agreements

 

 


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