MODULE Ii. JURISDICTION
Topic 8. General rules of jurisdiction. Theoretical research into legal nature and contents of the institute of jurisdiction. Historical preconditions and tasks of international unification of jurisdictional rules. Overview of the current international agreements on jurisdiction in which Ukraine is a party. Overview of the European Union Regulations on jurisdiction: Regulation No 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Brussels I Regulation), Regulation No 2201/2003 concerning Jurisdiction and the recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility (Brussels II Regulation).
Topic 9. Special jurisdiction. Alternative rules of special jurisdiction: jurisdiction involving matters, relating to contract, maintenance claims, matters relating to tort, disputes arising out of operations of a branch, agency or other establishment. Rules of special jurisdiction in matters relating to consumer contracts, insurance contracts and employment contracts.
Topic 10. Rules of Lis Pendens. Doctrines of Forum non conveniens and of Forum shopping. The rules of Lis pendens in international agreements and in the national legislation of Ukraine, its application in practice. General review of the rule of forum non conveniens and the rule of forum shopping, particularities of application of these rules.
Topic 11. Exclusive Jurisdiction. Main points of the rules on exclusive jurisdiction. The analysis of Art. 77 of the Law of Ukraine on Private International Law. The analysis of Art. 22 of the Brussels I Regulation. Rules of exclusive jurisdiction in the international agreements of Ukraine.
Topic 12. Jurisdiction agreement. Comparative analysis of the types of Jurisdiction Agreements: Arbitration Agreement, Negotiation or Mediation, Choice of Court Agreement. Validity, separability and formality requirements of the choice of court agreements. Rules regarding choice of forum agreements, set out in Art. 23 of the Brussels I Regulation. Hague Convention on choice of court agreements of 2005.
MODULE Iii. SERVICE OF DOCUMENTS, TAKING OF EVIDENCE, RECOGNITION AND ENFORCEMENT OF FOREIGN COURT’S JUDGMENTS
Topic 13. Service of judicial documents. The rules and practice of the Hague Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters of 1965. The rules and practice of the Regulation No 1348/2000 on the Service in the Member States of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Service Regulation). The rules and practice of the CIS Convention on legal aid and legal relations in civil, family and criminal matters of 1993. Means of service.
Topic 14. Taking of evidence abroad.The burden to prove all the material facts that are the basis of that party’s case. Relevance and admissibility of evidence. Disclosure of the evidence. Exchange of evidence. Deposition and testimony by Affidavit. Expert evidence. Evidentiary privileges. Reception and effect of evidence. Regulation No 1206/2001 on Cooperation between the Courts of the Member States in the Taking of Evidence in Civil and Commercial Matters (Evidence Regulation). Taking of evidence according to the Hague Convention on the taking of evidence abroad in civil and commercial matters of 1970.
Topic 15. Cross-border enforcement of judgments.Introduction: the enforcement issue (general remarks). Hague Conference on Private International Law (HCCH), EU, CIS involvement in enforcement. Enforcement of judgments in CIS and on the base of bilateral agreements of Ukraine. Enforcement of judgments on the basis of Hague Conventions. Enforcement of judgments in EU. Brussels I Regulation, Lugano Convention of on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters of 2007 : scope, rules on recognition and enforcement, grounds for refusal, authentic instruments and court settlements, functioning in practice.
Topic 16. Certification of judgments as the alternative of exequatur procedure.The abolition of exequatur as the first stage of measures for implementation of the principle of mutual recognition of decisions in civil and commercial matters. Regulation (EC) No 805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims (EEO). Application for certification as a European Enforcement Order for uncontested claims: minimum procedural requirements, issue of the EEO, its rectification or withdrawal, enforcement procedure. Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000. Certificate of judgments in matrimonial matters and certificate of judgments on parental responsibility- certain judgments concerning rights of access and of certain judgments which require the return of the child.