General provisions

Determined on March 8, 2011 by Faculty of Law's Teaching Committee, Uppsala University, by virtue of Chapter 2 Section 5 a of the Higher Education Act and Chapter 6 Section 14 and 15 of the Higher Education Ordinance. The course plan enters into force on March 15, 2011.

In General

The course is 15 university points (15 ECTS credits) and an optional course at advanced level in the studies for the degree of Master of Laws, according to the degree requirements adopted 16 April 2007 by the Board of the Faculty of Law of Uppsala University. The course is held in English.

Entry requirements

In general, Swedish students must have attained five passes out of the six courses given at level 1 of the LL.M programme. All the obligatory phases of the course in which the student has not attained a pass must have been fulfilled. Swedish students must have passed the exam for Term course 4 and 6.

If special reasons exist, the board of exemption may grant exemption from the acceptance requirements.

Learning outcomes

Students, after having completed the course, should have an understanding of mechanisms for the handling of civil proceedings with an international element. Furhermore, they should have a deepened understanding of similar procedural problems arising in different jurisdictions and of methods developed in different jurisdictions for dealing with such problems.

Students, after having completed the course, should have developed skills in solving complicated legal problems individually and in groups. Furthermore, the students should have improved their skills in oral and written presentation in English. As students from different legal backgrounds will work together, students should also have acquired a deepened understanding of similarities and differences in procedural systems and approaches in different jurisdictions, and have developed skills in discussing and solving common legal problems with colleagues from different jurisdictions.

Content

The course focuses on cross-border judicial co-operation in civil matters, especially on the European level. Furthermore, the impact of European law on national systems of civil procedure will be dealt with.

The topics discussed include:

– Jurisdiction in cases with an international element

– Enforcement of judgments

– Co-ordination of parallel proceedings

– Provisional measures

– Taking of evidence

– Service of documents

– Foreign law before the courts

– Alternative dispute resolution

– Insolvency proceedings

– Harmonisation of civil procedure, especially on the EU level

Instruction

Teaching is mainly in the form of seminars. Some of these focus on the close reading and discussion of cases decided by courts, especially by the ECJ. In addition, there are case studies based on real or hypothetical situations. Furthermore, key issues of European and international civil procedure will also be discussed on a theoretical level, based on a close reading of legal texts and of the course literature. The course is completed with a written exam.

Attendance to all except one seminar (which may be freely chosen by the student) is mandatory. If special reasons exist, it is possible to get relief from the attendance requirement.

All teaching, as well as the exam, is in English.

Further information on the teaching can be found in the study plan and in the list of course literature attached to the course plan.

Assessment

In the course and the exam, students can collect a maximum of 30 points, which are the basis for the grade achieved. Of these, a maximum of 20 points may be attained from the written exam. In addition, students can attain a maximum of 10 points from active participation in the seminars. These 10 points will be lost (entirely or in part, depending on the extent of the absence) if relief from the attendance requirement is granted or if students are not prepared for and participate actively in the seminars.

During the written exam students may use law texts, literature and other material used in the course.

The grades given are Fail (U), and the passing grades Pass (B), Pass with credit (Ba) and Pass with distinction (AB). A student who does not pass the written exam will be offered another try.