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Studiegids

nl en

Enforcement & Litigation

Vak
2017-2018

Course requirements

Master degree in Law. This course is part of the Advanced Master Law and Finance.

More information: https://www.universiteitleiden.nl/en/education/study-programmes/master/law-and-finance

Course information

This course covers the breadth of dispute resolution measures, including arbitration, mediation, (government) court systems and alternative dispute resolution (ADR) in the financial sector. As regards government court systems, the differences between administrative procedures, civil procedures and criminal procedures will be explained on a comparative law basis. Common law systems will be contrasted with civil law systems. Separate attention will be paid to legal protection, for instance against criminal sanctions and administrative measures. Class actions will be discussed as a private law way of enforcement. Finally, the course will conclude with an explanation of the way in which judgements can be recognised and enforced internationally.

Course learning objectives

The objective of this course is to provide knowledge of and insight in how to resolve disputes resulting from financial transactions or regarding financial institutions.

  • Students gain overview knowledge and understanding of how dispute resolution measures differ, such as arbitration, mediation, (government) court systems and alternative dispute resolution (ADR) in the financial sector, both under common law and civil law. Specific attention will be paid to class actions as a private law way of enforcement;

  • More specifically, students gain knowledge and understanding of how government courts handle administrative procedures, civil procedures and criminal procedures;

  • Students will gain knowledge and understanding of how financial institutions are provided legal protection against criminal sanctions and administrative measures;

  • Students will also learn how judgements can be recognised and enforced internationally.

  • Students are able to critically analyse different categories of dispute resolution measures;

Mode of instruction

Lectures

  • Number of (2 hour) lectures: 5

  • Names of lecturers: Prof. mr Olav Haasen

  • Required preparation by students: reading of prescribed materials

Seminars

  • Number of (2 hour) seminars: 5

  • Names of instructors: to be confirmed

  • Required preparations by students: reading of prescribed materials, preparation of case studies and any other assignments. A student can not be absent from the seminars.

Course Load

Week 1 – Introduction to various dispute resolution measures
Week 2 – Conflict of laws
Week 3 – Legal protection
Week 4 – Class actions
Week 5 – Recognition and enforcement

Examination method

  • Paper: 50%

  • Final Exam: 50%

Paper:
Students must show they can critically apply the relevant rules to a given case in a written legal brief, complaint or arbitration demand, or oral argument outline.

Final exam:
The exam will be either written or oral, to be further announced on blackboard.

Areas to be tested within the exam
The examination syllabus consist of the required reading (literature) for the course, the course information guide and the subjects taught in the lectures, the seminars and all othere instructions wich are part of the course.

The final grade, on the scale from 1(poor) to 10 (excellent), for the course is established by determining the weighted average and rounded to full grades. Grade 6 (5.5 rounded) is a pass.

The opportunity exists to re-take the exam. Further information will be communicated through Blackboard.

Blackboard

Course reader and additional literature is distributed through Blackboard.
Submission of papers via Blackboard using safe assignment.

Course materials

Course reader is available to be downloaded from Blackboard.

Contact

Course Coordinator:
Prof. mr. Olav Haasen

Programme Coordinator:
Ms. Orsolya Kalsbeek-Bagdi
Email address: lawandfinance@law.leidenuniv.nl