Universität Wien

030457 KU Transnational private litigation (2026W)

2.00 ECTS (1.00 SWS), SPL 3 - Rechtswissenschaften
Continuous assessment of course work
Moodle
Fr 16.10. 10:00-11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG

Registration/Deregistration

Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).

Details

max. 40 participants
Language: English

Lecturers

Classes (iCal) - next class is marked with N

  • Friday 09.10. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Friday 23.10. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Friday 30.10. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Friday 06.11. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG
  • Friday 13.11. 10:00 - 11:30 Seminarraum SEM51 Schottenbastei 10-16, Juridicum 5.OG

Information

Aims, contents and method of the course

Private litigation increasingly transcends national and supranational boundaries, rather than primarily unfolding within the borders of one national jurisdiction of even just within the EU. Transnational litigation can be spectacular, such as when a Peruvian farmer pursued a claim against a German fossil fuel company for climate-change related harm in Germany, or more than 600.000 Brazilian residents achieved a first victory in their claim relating to a dam collapse against a UK-Australian mining company before English courts. It can also have smaller dimensions, such as where individuals and institutions in the EU become targets of speech-related claims or pursue such claims against individuals and tech companies seated abroad. Where claims with difficult transnational elements are pursued despite all obstacles, it is often since this is the only effective way to advance important interests and regulatory agendas in the place of, or in conjunction with, domestic or international public law. These developments make it important to understand private and procedural law models and traditions around the globe, the underlying legal culture and interactions between the systems.

The aim of the course is to provide participants with basic orientation on how to approach transnational elements in private litigation in practice and in the context of academic work. After discussing examples and identifying the major policy issues at stake, the course will turn to the major phases in the life cycle of the resolution of transnational disputes, and finally study particularly relevant fields in more detail. The course provides an introduction to transnational private litigation, looking at the law in action before European courts.

Structure and schedule of topics:

Friday 09.10. A first glance at transnational private litigation
Friday 16.10. Basics I: jurisdiction, standing, applicable law
Friday 23.10. Basics II: disclosure, evidence, enforcement
Friday 30.10. Supply chain, environmental and climate litigation
Friday 06.11. Information, internet and media litigation (if there is room for it: cultural artifacts and war)
Friday 13.11. Conclusions and exam

Assessment and permitted materials

60 % participation in class, 40 % written examination. The exam will be an in-class paper of up to 1000 words taking place in the last class, for which up to 40 points will be awarded. Participants will identify (not solve) three transnational difficulties in a case study of their choice (among three). Using all information presented in the course will be sufficient. In general, points/percentages will translate as follows:
80-100 % sehr gut, 70-80 % gut, 60-70% befriedigend, 50-60 % genügend.

Minimum requirements and assessment criteria

Attendance is mandatory since discussion of cases is central to the course. Participants may be absent one time (without providing a reason). Please note that you will be automatically deregistered from the course if you are absent in the first session. If you cannot attend the first session, please send us an e-mail prior to the first class.

Examination topics

All relevant course content will be discussed in class. Slides, an example for a case and other materials to support preparation for the course and the final exam will be available via moodle.

Reading list

Useful reference works/internet sources

Private international law:

Basedow et al, Encyclopedia of Private International Law (Elgar 2018) (via usearch)
EAPIL blog (https://eapil.org/blog/)
Muir Watt et al, Global private international law : adjudication without frontiers (Elgar 2019)

Comparative procedural law:

Hess, Comparative Procedural Law and Justice https://www.cplj.org/publications
Woo/van Rhee, Comparative Civil Procedure (Elgar 2025)

Comparative substantive law:

Max Planck Encyclopedia of European Private Law https://www.mpipriv.de/1417957/20211102-max-eup2012
Bussani and Sebok, Comparative Tort Law – Global Perspectives (ELgar 2015, 2nd ed 2021) (via usearch)

Further voluntary reading will be suggested for each session.

Association in the course directory

Last modified: Mo 05.10.2026 00:01