Unit of study_

LAWS6824: Commercial Conflict of Laws

2027 unit information

This unit examines cross-border commercial transactions and disputes through the lens of private international law and focuses on identifying and managing transaction and litigation risk. Students work through the lifecycle of transnational matters from transaction planning and contractual risk allocation to the emergence of disputes involving forum contests, parallel proceedings and interim measures before considering procedural strategies. The unit also addresses choice of law across contractual, tortious and equitable obligations, and evaluates recognition and enforcement pathways for foreign judgments and arbitral awards. Learning activities and assessment are designed to develop Masters-level autonomy, expert judgment and the capacity to communicate complex ideas clearly to specialist and non-specialist audiences. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

Managing faculty or University school:

Sydney Law School

Study level Postgraduate
Academic unit Law
Credit points 6
Prerequisites:
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None
Corequisites:
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None
Prohibitions:
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None
Assumed knowledge:
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None

At the completion of this unit, you should be able to:

  • LO1. Develop an ability to design and build appropriate risk management devices into cross-border transactions
  • LO2. Have a good technical grasp of major theories and general principles of the conflict of laws
  • LO3. Develop a mature understanding of the rules and principles governing venue in transnational litigation and arbitration
  • LO4. Develop an appreciation of the practical considerations that inform the choice between litigation or international arbitration and the conduct of such proceedings
  • LO5. Identify the significance and implications arising from parallel or multiple proceedings in different forums
  • LO6. Have an appreciation of strategic considerations in relation to taking evidence abroad as well as pleading and proving foreign law
  • LO7. Identify, critically examine and evaluate the choice of law rules governing contractual, tortious and equitable obligations
  • LO8. Examine and critically apply the rules and principles governing the recognition and enforcement of foreign judgments and arbitral awards

Unit availability

This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.

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There are no availabilities for this year.
Session MoA ?  Location Outline ? 
Intensive April - May 2027
Block mode Camperdown/Darlington, Sydney
Outline unavailable
Session MoA ?  Location Outline ? 
Intensive March - April 2022
Block mode Camperdown/Darlington, Sydney

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Modes of attendance (MoA)

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