Commercial Dispute Resolution (5 ECTS)

Lecturer(s): prof. mr. A.I.M. van Mierlo, P. Koerts, LLM

When: Block 4

Brief course description:
Civil procedural law provides regulation for civil proceedings. In civil proceedings claims derived from substantive private law are verified, specified and strengthened by an enforcement title. A claimant, who pretends to have a right, is granted a right and title to prevent him from taking the law into his own hands. In addition there will be a contribution to the further development and the unity of substantive law. Civil procedural law is therefore crucial for forming an understanding and knowledge of substantive private law. Furthermore, the civil procedure has the function of dispute settlement. The judge will make a decision based on legal rules. Whether or not the dispute between the parties will be solved by this decision is not certain. For this, two other legal concepts are available: the judge can assist the parties involved to resolve the case by means of a settlement, and the judge can facilitate parties coming to a solution under the supervision of a third party (mediation). Because this is an international course, the focus is not on one national legal system, but on the Principles of Transnational Procedure, as drafted by the American Law Institute and UNIDROIT. These Principles are not law, but claim to have universal significance in the sense that they mirror a model of an ideal civil procedural law system which bridge the national differences. Attention will be paid also to the influence of European instruments like the ECHR and those contained in European Union law.

Teaching method: This module is taught through lectures. Before the start of the semester a list of study material will be provided in a reader.

Assessment: After the lectures the module will be rounded off with, depending on the number of participants, a written or an oral exam.

*Official course information and schedules during the academic year can be found in Ocasys.