Handbook

Conflict of Laws is usually understood to mean the group of principles that govern the Court's approach to private law disputes with an international or interstate character to them. A detailed understanding of the rules is strongly advisable for those considering practice or further study with an international element. The … For more content click the Read More button below. 1. Jurisdiction (concerning the circumstances in which a particular Court will assume jurisdiction over a particular dispute having regard to territorial considerations); 2. Choice of law (concerning the system of national or state law that the Court will apply to the dispute, having assumed jurisdiction over it); and 3. Enforcement and recognition of foreign and interstate judgments. In addition, the course will cover some of the basic weapons in an international litigator's arsenal, such as anti-suit injunctions and worldwide Mareva orders. There will also be discussion of the interaction between the system of international arbitration and the Courts. Main Topics Jurisdiction: Exercising local jurisdiction in respect of disputes with an international element; Exercising jurisdiction over persons or conduct abroad; International dispute resolutionChoice of law: Choice of law between Australian and foreign lawEnforcement of foreign judgments and arbitral awards