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 | 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.
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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.
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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 %
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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 People’s Republic of China, Edward Elgar Publishing, 2016.
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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
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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
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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
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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
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Chapter 5 | International civil and commercial judicial assistance Topic1: Extraterritorial service Topic2: Extraterritorial evidence collection Topic3:Recognition and enforcement of civil and commercial judgments
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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
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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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