- Bachelorvak Burgerlijk Procesrecht (Civil Procedure) or foreign equivalent, or one year of practical experience with civil litigation
- Proficiency in English
- Bachelor Degree
This course will introduce students to comparative and transnational law of civil procedure, with special emphasis on United States, German, English and Netherlands law, and will focus on cross-border disputes in matters of significant societal importance as well as procedural complexity.
The course is designed primarily for graduate students who aspire to a career in international legal practice, including as litigators at global law firms, in-house counsel for businesses operating internationally or human rights organizations, and judges, as well as policy-makers and scholars of comparative law and civil procedure.
The course is based on case studies and a variety of written materials. Students will analyze and discuss statutory rules, court opinions (case law) and scholarly writing, and apply their newly gained knowledge and insights to complex problems and policies of international dispute resolution.
Objectives of the course
The purposes of the course are to: (i) gain a thorough understanding of the similarities and differences in procedural rules and approaches to litigation and dispute resolution between the U.S. and European legal systems, and (ii) based on these comparative legal perspectives, learn and understand strategic decision-making in complex multi-track litigation.
At the end of this course, students will:
understand the differences between various civil and common law systems of civil procedure
understand the practical advantages and disadvantages of different sets of procedural rules from the parties’ perspectives
have a firm understanding of the nature and complexity of cross-border litigation
make intelligent strategic choices between domestic and foreign, single and multi-jurisdictional, parallel and successive, primary and ancillary litigation
learn how to benefit from the advantages, and minimize the disadvantages, of multi-jurisdictional litigation, and
evaluate issues of complex cross-border litigation from a legislative and policy perspective.
Students will also:
have improved their analytical and problem-solving skills
have improved their advocacy and legal writing skills
Lecture September 3, September 10, September 17, September 24, October 1, 2012, 11h00-13h00. Seminars September 7, 2012, September 14, September 21, Septembe 28, October 5, 2012, at 9h00-11h00 and at 11h00-13h00.
Mode of instruction
Number of lectures: 5
Number of seminars: 5 (2 hours)
Required preparation by students: For each week’s work students are required to (i) review designated course materials, and (ii) answer 3-5 review questions one day in advance of the scheduled seminar meeting.
Students are expected to participate in discussion of the materials and solutions to hypothetical problem situations.
a 2-hour written examination (closed book: no notes or course documents)
2 written assignments (papers)
Via E-mail (except exam)
Areas to be tested within the exam
Reader and additional written materials; lectures and seminars discussions; subject matter of written assignments.
More information on this course is offered in “Blackboard”: http://blackboard.leidenuniv.nl/.
Mandatory course materials
Reader Comparative Civil Procedure
Recommended course materials
To be determined
By sending an email to Mw. mr. drs. L. Wijnbergen
Coordinator: Ms. L. Wijnbergen
Work address: Steenschuur 25, KOG room C2.13
Telephone number: 071- 527 7400/01
Instituut: Private Law
Division: Civil Law
Secretary: KOG, C.202
Hours: Mon – Fri 9-13.30 uur
Telephone number: 071-527 7400/01