Knowledge of basic elements of private law and civil procedure is advisable

By the end of the course, the student will have acquired knowledge of general principles of transnational litigation in civil and commercial matters, both before national courts and arbitral tribunals

The course will cover the following topics:

1) General principles of transnational litigation: (a) international jurisdiction (international conventions, the European uniform System); (b) choice of court agreements (2009 Hague Convention); (c) international lis pendens; (d) provisional and protective measures; (e) judicial cooperation in civil and commercial matters: service of documents and taking of evidence abroad; (f) recognition and enforcement of judgments

2) General Principles of International Commercial Arbitration (a) definition of international commercial arbitration; (b) the arbitration agreement (form, content and applicable law); (c) the arbitrators (appointment, obligations, rights, challenge); (d) the arbitral procedure, provisional and protective measures (ad hoc arbitration and institutional arbitration); (e) the law applicable to the merits; (f) the award (form, content, appeal); (g) recognition and enforcement of foreign awards (the 1958 New York Convention)

The course will be entirely held in english. Students who are not Cds IEColLS students should be at least english B2 level

(C) T. Hartley, International Commercial Litigiation. Text, cases and material on Private International Law, Cambridge Press, Third Edition, 2020, ISBN 978-1-108-72113-4

(C) G. Born, International Arbitration: Law and Practice, Third edition, 2021, Kluwer Law Internationational, ISBN 978-94-035-3253-0

During the course and at the end of each class, the teacher will indicate to student the relevant parts of the textbooks to study. Other teaching material as judgments, papers from scholars and laws will be given to students.

• The course will consist of lectures and workshops, with the aid of PPT presentations that will be distributed to students as teaching material. In the course of the workhops, students will be asked, among other things, to discuss a case or a paper from scholars

• At the end of the course, students will take a written test consisting of 10 true/false questions; 15 multiple-choice closed questions; 3 short open questions.

  
  

  The assessment takes into account

  
  

  (a) the understanding and knowledge of the topics covered in the questions (50%)

  
  

  (b) the ability to apply knowledge to real cases (25%)

  
  

  (c) ability to link different topics (15%)

  
  

  (d) autonomy of judgement and critical thinking (10%).

English