Even though there are no formal prerequisites for attending the course, some background knowledge of private law would be
appropriate.

The course aims to let students acquire familiarity with the methods developed in both theory and practice of the international litigation, especially in the context of commercial disputes. In particular, at the end of the lessons, students will be able to face all the pitfalls of an arbitration dispute, but even beforehand to prepare an arbitration agreement, recognize the difference between a national and an international arbitration, distinguish arbitration from other forms of ADR, operate in the whole sector of the transnational protection of rights in civil and commercial matters.

The course will deal with the general principles of civil procedural law and transnational litigation, with particular attention to international arbitration. The lessons will cover the following topics:
1) Principles of transnational civil procedure: independence and impartiality oh the court; jurisdiction and competence; procedural equality of the parties; right to engage a lawyer; due notice and right to be heard; languages; prompt rendition of justice; provisional and protective measures; structure of the proceedings; party initiative and scope of the proceeding; obligations of the parties and lawyers; multiple claims and parties intervention; court responsibility for direction of the proceeding; dismissal and default judgment; access to information and evidence; sanctions; burden and standard of proof;
responsibility for determinations of fact and law; decision and reasoned explanation; settlement; costs; immediate enforceability of judgments; appeal; lis pendens and res judicata; recognition and effective enforcement; international judicial cooperation.
2) International arbitration: the difference between arbitration and other methods of dispute resolution; types of international arbitration; the New York convention and other important conventions; national arbitration laws; major institutional arbitration rules ; internationally accepted rules and guidelines; the arbitration agreement; the legal effect of agreeing to arbitration; jurisdiction and arbitrator's powers; arbitrability; drafting arbitration clauses; essential matters to include in an arbitration clause; optional matters to include in an arbitration clause; pathological arbitration agreements; model arbitration clauses;
commencing an arbitration dispute; jurisdictional challenges; urgent interlocutory relief; criteria required from arbitrators; number of arbitrators; frustration, delay and default; confirmation of appointment and constitution of the tribunal; establishing procedure timetable and conduct of the arbitration; agreeing the procedural timetable; interlocutory applications and provisional measures; default and summary procedures; evidence; the hearing; costs; the award; enforcing the award.

• 1.  (C) Stuart Dutson - Andy Moody - Neil Newing International Arbitration, A Practical Guide Global Law and Business, Croydon UK, 2019
• 2.  (C) American Law Institute and UNIDROIT Principles of Transnational Civil Procedure Cambridge University Press, New York, 2007

Students regularly attending the course will be expected to study for the exam on the basis of the notes taken during the course and of the relevant materials posted by the lecturer on the webpage of the course. Students not attending the course will be expected to study on the textbooks specified above or on other textbook dealing with the same issues.

• The course will consist of both theoretical lessons and classroom exercises. In this context, special attention will be paid to the discussion of cases and to the drafting of procedural documents and arbitration clauses.

• The exams will take place in both written and oral form. Students regularly attending the course will have the opportunity of sitting for an intermediate written proof. Students having passed the said proof shall sit for the final exam only on the issues treated in the course after the intermediate proof. Written proofs held in presence will be based on open questions (essays) on the topics treated in the course (for students regularly attending the course) or included in the course syllabus (for students not attending the course). The oral proof, which presupposes the passing of the written proof, may imply further questions on the topics dealt with in the course (for students having regularly attended) or contemplated in the course syllabus (for those not attending).

Inglese

Inglese