International Civil Procedure - Master

Postgraduate course

Course description

Objectives and Content

There is an old saying that being right and being proven to be right at court are two different things. In the end, the value of rights depends on their enforceability - and on their prior determination in legal proceedings by courts and tribunals.

Legal proceedings in international cases raise numerous issues ranging from jurisdiction and procedure in cross-border proceedings to the recognition and enforcement of foreign judgments. Those issues are dealt with by the national law of a country. On the other hand, considerable efforts have been made to unify these rules and to simplify the formalities with a view to a rapid and simple system recognition and enforcement of judgments, both on the international level as well as within Europe. Consequently, national laws have been supplemented, and partly replaced by numerous international instruments which themselves have various legal qualities.

The course deals with the problems raised by cross-border proceedings and the recognition and enforcement of foreign judgments, and with the rules governing these issues. It follows a problem-based and comparative approach. With respect to the rules and instruments it will put an emphasis on the Lugano Convention and relevant EU Regulations, and set them within the framework of international instruments like Hague Conventions.

Learning Outcomes

By the end of the course, students will be able to:

  • have an advanced understanding of the concepts and principles of international civil procedure, of jurisdiction and procedure in cross-border proceedings, and of recognition and enforcement of foreign judgments in various fields;
  • detect and critically discuss procedural problems in international cases;
  • identify and interpret legal sources of international, European and national law in a methodological way, and to apply them to a set of facts which is up to current academic and professional standards;
  • carry out advanced tasks and works independently or with a group, analyze legal problems, participate in discussions in a scholarly manner, and present and evaluate legal analyses and points of view in English, both orally and in writing.
  • cooperate with law students from other countries, and gain perspectives on common legal challenges from students from a legal background different than their own
  • contribute with perspectives from their own country and legal background

ECTS Credits

10 ECTS

Level of Study

Master

Semester of Instruction

Autumn

Place of Instruction

Faculty of Law, University of Bergen
Required Previous Knowledge
Three years of law studies
Recommended Previous Knowledge
Good level of English language
Credit Reduction due to Course Overlap

Combined with JUS289-2-A International Civil Procedure or JUS2319 International Civil Procedure - Bachelor this course will generate no new credits.

Combines successfully with

JUS2304/JUS3504 Comparative Private Law

Access to the Course

The course is available for the following students:

  • Admitted to the five-year master programme in law
  • Admitted to the two-year master programme in law
  • Granted admission to elective courses at the Faculty of Law
  • Granted additional right to study following completed Master in Law degree at UiB
  • Exchange students at the Faculty of Law

The pre-requirements may still limit certain students' access to the course

Teaching and learning methods

Lectures and seminars

A mix of classic and Socratic method will be used. All students are therefore expected to prepare in advance for class and to participate in class discussions.

Compulsory Assignments and Attendance

Mandatory paper of min. 1500, max 1600 words. Students who have failed the paper will be given an opportunity to write a new paper prior to the school exam. The paper will be awarded a pass/no pass. No grade will be given.

Students will have to attend a mandatory seminar focusing on case analysis and in-depth discussion of current issues, and as part of the seminar present a case.

Forms of Assessment

Three-hour digital school exam.

Information about digital examination can be found here:

http://www.uib.no/en/education/87471/digital-examination.

Exam language:

  • Question paper: English
  • Answer paper: English
Grading Scale
A - E for passed, F for failed.
Assessment Semester

Autumn

Students who do not pass the examination may re-sit in the following semester provided that the mandatory assignment and attendance have both been approved and when the examination result is due to

  • legitimate reason for non-attendance (see Section 3-4, paragraph 3 b ii in the Supplementary Regulations)
  • failed result

For rules regarding voluntary re-sit, see Section 3-4, paragraph 1 c.

Reading List
The reading list will be ready 1st July for the autumn semester.
Course Evaluation
According to the administrative arrangements for course evaluation at the Faculty of Law
Examination Support Material

Students may bring their own copy of a bilingual dictionary to/from English and any other language, in one or two volumes.
For further info see section 3-9 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.

In addition: Collection of relevant material supplied by the Faculty of Law

Programme Committee
The Academic Affairs Committee (Studieutvalget) at the Faculty of Law is responsible for ensuring the material content, structure and quality of the course.
Course Coordinator
Professor II Volker Lipp.
Course Administrator
The Faculty of Law's section for students and academic affairs (Studieseksjonen) is responsible for administering the programme.