Unit name | Conflict of Laws |
---|---|
Unit code | LAWD30019 |
Credit points | 20 |
Level of study | H/6 |
Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
Unit director | Emeritus Professor. Hill |
Open unit status | Not open |
Pre-requisites |
Law of Contract and Law of Tort |
Co-requisites |
None |
School/department | University of Bristol Law School |
Faculty | Faculty of Social Sciences and Law |
The conflict of laws is concerned with three types of question which arise in private law cases involving foreign elements. First, in what circumstances does the English court have jurisdiction over the claim? Secondly, if the English court does have jurisdiction, which law will the court apply? Thirdly, in what circumstances is a foreign judgment (or an arbitral award) entitled to recognition or enforcement in England? These questions are answered by reference both common law principles and rules which are to be found in EC Regulations (in particular, the Brussels I Regulation on jurisdiction, the Rome I Regulation on the law applicable to contractual obligations and the Rome II Regulation on the law applicable to non-contractual obligations) or derived from international conventions (such as the New York Arbitration Convention of 1958).