An Introduction to Conflict of Laws

Course level

Intermediate

Delegates

This course will be of benefit to solicitors whose case-load includes cross-border cases either on a regular or single-issue basis, and who need to be confident of the jurisdictional and other issues which arise when litigation has a foreign element.

Overview

This course provides a broad overview of the nature, scope and importance of the conflict of laws and how to deal with the issues that arise when jurisdictions and applicable laws come into conflict. Particular view will be taken of insurance, consumer and employment related problems and the enforceability of governing law clauses in both contractual and non-contractual obligations, following the coming into force of the ‘Rome I’ and ‘Rome II’ Regulations after December 2020.

The course focuses on the rules which determine whether the English court will have jurisdiction under the common law and European regime, governing law and the enforcement of judgments. Recent case law will be considered including Pacific International Sports Clubs v Surkis [2020] EWCA Civ 753; Secret Hotels 2 Ltd v EA Traveller [2020] EWHC 2020 (Ch); Berliner Verkehrsbetriebe (BVG) Anstalt Des Offentlichen Rechts v J P Morgan Chase Bank [2020] EWCA Civ 390; Halle v F R Lurssen Werft GMBH & Co [2020] EWCA Civ 587 and Argentina v NML Capital Ltd [2020] EWCA Civ 41

.Topics covered on this course will include:
  • Understand the nature and scope of the conflict of laws – why it matters
  • Learn the rules which determine whether the English court will have jurisdiction
  • Consider the distinction between common law principles and the European regime
  • Understand the structure and content of the European instruments
  • Be able to deal with competing exclusive jurisdictions and lis alibi pendens
  • Learn the structure and content of the Rome I and II Regulations on contractual and non-contractual obligations
  • Settle enforceable governing law clauses
  • Apply the rules in the context of realistic case studies

"A CPD certificate of completion will be provided by BPP Professional Education Limited upon request, following attendance."


Approved for accreditation by the Bar Standards Board

Course Dates

Location Dates Time Availability
London 09 Oct 2020 9:30 AM - 5:00 PM  Spaces

If you would like any further information on any of the electives please call us on 2020 226 2422 or email [email protected]

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