B9620 - Business and Consumer Procedural Law

Learning outcomes

The course is dedicated to analyzing the different dispute resolution techniques available to entrepreneurs. In light of the latest civil procedure reforms and a changing landscape in dispute management, legislators are now moving towards a partially quasi-contractual approach to dispute resolution. It is therefore necessary to acquire technical skills in mediation and dispute negotiation, on the one hand, and in the technical management of dispute resolution tools, including private ones, on the other. These changes require those working in or on behalf of a company to have acquired the ability to manage the entire range of dispute resolution tools. Since only certain types of litigation lend themselves to resolution through settlement and mediation, negotiated dispute management must be administered in advance, including by resorting to corporate arbitration, while in other cases it is inevitable to initiate state proceedings, including by resorting to precautionary and special protection, both in industrial matters and in order to protect credit rights in a preventive or urgent manner. Particular attention will also be paid to the effectiveness of protection, examining the constant link between negotiated conflict resolution and individual and collective enforcement. Further study will be devoted to the management of insolvent companies, including in cross-border litigation. These are highly topical and constantly evolving issues, awareness of which defines business law practitioners. The course is recommended for those who wish to work in consulting for a company after graduation, having acquired a multi-level technical approach to conflict management.

Course contents

The course is designed to provide in-depth knowledge of conflict resolution in the business environment (corporate processes, debt collection, business crisis management) with a particular focus on disputes between the rights of entrepreneurs and consumers.

The first part of the course will be theoretical and practical in nature and will focus on acquiring the fundamental concepts related to conflict resolution.

The following topics will be covered:

- Protection of rights in the commercial sphere: busines Vs consumers;

- The Business Court and international commercial courts;

- Corporate events and proceedings.

- Consumer protection against businesses in the EU and Italy.

Focus:

Business credit protection:

- proceedings for injunctions and European order for payment proceedings, European and Italian news on consumer protection;

- class actions and class suits, comparison between the US and Italy;

- interim credit protection, including EU mesures;

- overview of enforcement;

- liquidation procedures in the Business Crisis Code (CCI);

- ad hoc and institutional corporate arbitration proceedings: compatibility of arbitration with consumer rights (focus: EU case law).

The second part of the course will consist of simulations of real situations, also with the participation of highly qualified external professionals, who will share their experience at the university.

Business and corporate events will be simulated that may arise both in ongoing proceedings and in the pre-trial phase, as well as in arbitration.

 

 

 

 

 

 

 

 

 

Readings/Bibliography

For the first part of the course, articles published in scientific journals and court decisions will be posted on the "Virtuale" IT Platform to further explore the topics covered in class.

For the second part of the course, specific cases to be analyzed will also be available on the "Virtuale" IT Platform.

Teaching methods

The lessons will be theoretical and practical, with case simulations in the second part of the course.

In particular, there will be discussions with various professionals: accountants for due diligence simulations, lawyers for business crisis management, and corporate lawyers.

Participation in the course will allow students to actively participate in lessons in order to tackle real-life cases and discuss their resolution in class.

Assessment methods

Students will be assessed based on the skills acquired during the lessons in the analysis of practical cases and theoretical concepts discussed in class and published on the "Virtuale" IT Platform.

In the case of active participation in at least 70% of the lessons, the final assessment will take into account the work carried out in class and will conclude with a short oral discussion.

In the event of failure to actively participate in at least 70% of the lessons, the exam will be entirely oral and will be based on the material uploaded to "Virtuale" IT Platform.

Final grade assessment:

 

- Discussion and participation lacking in depth or partially deficient, but individual ability to analyze and recognize its limitations and to independently integrate purely executive issues: 18-19;

 

- Discussion and participation lacking depth or partially lacking. Independent correction and oral integration of some gaps or inaccuracies. → 20-24;

 

- Timely discussion and participation, individual ability to analyze and immediately recognize critical points and correct them without being prompted by the professor. Ability to make independent critical analysis choices, mastery of specific terminology. → 25-29;

 

- Substantially complete preparation on the topics covered in the course, ability to make independent critical analysis and connections, full mastery of specific terminology, and ability to argue and self-reflect. → 30-30L.

 

- Discussion or participation that does not reach the minimum threshold either individually or collectively. Fail.

 

Teaching tools

The two main IT references for the course are:

1) The course program;
2) The “Virtuale” IT platform, where some of the teaching material that must be studied for the exam will be published

It is advisable to consult the “Virtuale” IT platform before each lesson, also in order to check for any notices or changes.

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

For any interviews, please check the teacher's website
https://www.unibo.it/sitoweb/mariagiulia.canella

Office hours

See the website of Maria Giulia Canella