As trade becomes more global, commercial disputes inevitably occur more frequently between parties which are based in different jurisdictions. A detailed understanding of the rules for establishing the jurisdiction and governing law of a dispute is now an essential part of every commercial litigator’s skills.

This one day course examines the basic rules for suing parties in a foreign jurisdiction, the relevant English procedures and an overview of recent developments in this important area of practice. It is aimed at those who are new to, or have limited experience of, the subject.

Objectives

By the end of this course delegates should be able to:

•          apply the rules for establishing the correct jurisdiction in which to bring proceedings;

•          apply the rules for establishing the law governing a dispute;

•          identify relevant issues when drafting contractual jurisdiction and governing law clauses;

•          understand the rules for service of English proceedings out of the jurisdiction;

•          apply the rules for disputing the jurisdiction of the English court;

•          understand when and how to apply the rule of forum non conveniens;

•          understand the circumstances in which it remains possible to obtain an anti-suit injunction;

•          decide when to apply for interim protective measures, including worldwide freezing injunctions; and

•          apply the rules for obtaining evidence for use in proceedings in a foreign jurisdiction.

Throughout the course delegates are invited to think tactically about the choices they make, including the importance of looking ahead to potential difficulties they may encounter when seeking to enforce a judgment.