Course for international guest/part time students

Faculty

Faculty of Law

Organization

ÁJTK Department of Civil Procedure

Code

JNX_ERASMUS:V16

Title

Introduction to International and European Civil Procedure

Usual semester

Both

ECTS

5

Language

hu

Learning outcomes

Introduction to International and European Civil Procedure – Fall 2024 Prof. Dr. Dr. h.c. Helmut Rüssmann: Cross Border Contracts and Cross Border Dispute Resolution Prof. Dr. Dr. h.c. Thomas Rauscher: Introduction to European Civil Procedure – Brussels Ia Regulation Prof. Dr. István Varga: International Commercial Arbitration on Both Sides of the Atlantic Title 1st Block: Cross Border Contracts and Cross Border Dispute Resolution 2nd Block: Introduction to European Civil Procedure – Brussels Ia Regulation 3d Block: Int’nat Commercial Arbitration on Both Sides of the Atlantic Neptun-Code J4:xV(ae):V06 Admittance Graduate, Postgraduate and Erasmus Credits 4 Responsible Prof Prof. Dr. István Varga

Course content

Date and Venue    (where“E”= Eckhart Seminar Room and  “Sz”= Szladits Seminar) 1st Block: Sep 30(Sz), Oct 1(E), Oct 2(Sz), Oct 3(E), Oct 4(E), 4pm-7pm each day; 2nd Block: Nov 19(E), 5pm-8pm; Nov 20(Sz), 4pm-7pm; Nov 21(E), 10am-2pm; 3d Block: Nov 25(Sz), Nov 26(E), Nov 27(Sz), Nov 28-29(E), 4pm-7pm each day; Topics/Contents 1st Block (Prof. Rüssmann) Introduction to basic concepts, sources and current problems of the regulation and planning of cross-border transactions, exemplified by the international sale of goods in a comparative contract law framework. Introduction to the CISG and the central issues of the resolution of cross-border legal disputes, especially to the regimes of international jurisdiction, commercial arbitration and recognition and enforcement of judgments and arbitral awards. 2nd Block (Prof. Rauscher) Deepening the knowledge acquired in the 1st Block by means of a thorough analysis of the jurisdictional regime in cross-border civil and commercial legal disputes as regulated in European Union law (the Brussels-Ia Regulation) and as interpreted in the case law of the European Court of Justice. 3rd Block (Prof. Varga) Scientific foundations and practical use of comparative civil procedure with the aim of handling practical problems of international arbitration. Each topic will be dealt with partly on the basis of current problems raised in ongoing or closed cases of the lecturer as practicing counsel and arbitrator. Topics include: 1. The motivation of choice of forum agreements; 2. Transaction planning vs forum shopping; 3. Contractualization of civil justice – The arbitration agreement; 4. The sources of the law of commercial arbitration; 5. The arbitral principle of territoriality; 6. Subjective and objective arbitrability; 7. Initiation of action and its effects before state courts and in arbitral proceedings; 8. Taking of evidence in arbitration; 9. Interaction between state courts and arbitral tribunals during the pendency of arbitration; 10. The arbitral awards’ fate – Remedies, setting aside; 11. Domestic, regional (EU-wide) and worldwide recognition and enforceability of awards; 12. The competition between state and private civil justice and its perspectives in the light of recent commercial and investment arbitration-related developments.

Assessment method

Exam An online open book written exam will take place on Monday, December 11, 2024, at 4 pm.

Bibliography

Course Materials Presentations, videos and reading uploaded to the course’s Teams platform Further Reading Hartley, International Commercial Litigation, 3d ed. 2020; Rauscher, Internationales Privatrecht – Mit internationalem Verfahrensrecht, 5., neu bearbeitete Auflage 2017.

Programmes of the course