91420 - Transnational And International Civil Litigation

Learning outcomes

At the end of the course unit, students: - possess an in-depth knowledge about civil litigation from a comparative perspective which covers the main European models as well as the North American and international legal systems; - can compare the norms of different systems in terms of civil litigation and can apply such knowledge and skills in international law firms, international organizations or companies dealing with cross-border disputes.

Course contents

1. A global approach to cross-border litigation.

2. Presentation and discussion of different approaches to litigation, depending on different legal procedural cultures, with the aim of giving a general perspective to litigation.

3. Jurisdiction and process, fundamental rights and principles.

4. Choice of jurisdiction and effectiveness of judgements.

5. European model?

6. International Arbitration.

7. Focus. Institutional and ad hoc arbitration: the ICC rules, an overview.

Readings/Bibliography

A reading list will be made available via "Virtuale" IT platform.

Further explanations will be provided at the beginning of the course.

Recommended Readings.

- Civil Litigation in Comparative Context, Oscar Chase , Helen Hershkoff, Linda Silberman, Yasuhei Taniguchi, West Academic, 2019.

- Civil Litigation in a Globalizing World, Kramer, Van Rhee, Springer, 2012.

- International Arbitration and Mediation. A Practical Guide, Micheal Mcilwrath, John Savage, Wolters Kluwer, 2010.

Teaching methods

The lectures will be held in presence during the first term.

• The possibility of taking the course online will only be available to students with bureaucratic difficulties, specifically identified by the offices and not discretely by the professor.
  
  At least 70% of the course must be attended.

Attendance is strongly recommended, as well as active participation.

Attendance will be recorded for each lecture.

Assessment methods

Written examination & discussion in the Oral examination.

The written examination will take place in presence in the month of December at the end of the course.

It will consist of an essay of 950-1050 words (Times New Roman, font size 12, line spacing, 1,5).

The text must be written on paper and must be organized in 4-5 paragraphs.

The candidate must choose one of the three topics proposed.

Time in class: two hours.

The organization of the essay should include an introduction, a development (1-3 paragraphs) and a conclusion.

Each paragraph shall have a title.

The paper will be discussed with the professor during the oral examination (at least three dates will be published on Faculty website) from the month of January 2027.

N.B. ONLY for students who are on an international exchange program that officially ends in December 2026 and who must sit their discussion by the end of the 2026 calendar year: it will be possible to discuss and register the written exam in the December 2026 session.

N.B. For the other studentes in international exchange, in accordance with the Department’s regulations for the 2026/2027 academic year, as amended in the current year, will be be possible to register their marks in December 2026.

Please check the regulation to verify what is still possible.

In this case, the student must send an express request to the professor by mail in the first days of the course, in order to enable offices to verify the presence of requirements.

Only if this early verification is carried out by offices, the examination can be registered in December 2026.

The student will have to carry out a personal re-elaboration of what she/he has learnt in the course in relation to the specific topic chosen.

Only the material provided suggested by the professor on the website of the course, during the lecture or uploaded on the platform “Virtuale” may be used to write the essay.

It is not a question of carrying out research or writing a scientific article.

The main topic must be fully developed, but it is suggested that links be made to other proposed topics or to other course topics, without ever losing sight of the main topic.

The main theme should never be confused with any links, which should be the subject of a separate paragraph.

The expression of a motivated personal opinion by the student is expected and evaluated.

The results of the written examination will be published anonymously (student number) before the Christmas break on "Virtuale" site: any futher indication on this topic could be given in class.

The written paper will be discussed during the Oral examination. The student will have the opportunity to give reasons for the written presentation.

The aim of the oral examination is to test the student’s ability to apply her or his knowledge and to make the necessary logical deductive connections.

Any written exam following the one in December will take place on the same day as the oral exam, as published on the Almesami website (appelli d'esame).

To sit the exam, you must ALWAYS register online using the ALMAESAMI platform.

Further explanations we be given at the first lecture.

Teaching tools

- Work that is not very thorough or partially deficient, but individual ability to analyze and recognize the limits of the same and anonymously provide integrations on purely executive issues.→ 18-19;

- Not very thorough or partially deficient paper. Independent correction and oral integration of some gaps or inaccuracies. → 20-24;

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

- Substantially comprehensive preparation on the topics covered in the course, ability to make autonomous choices of critical analysis and linking, full command of the specific terminology and ability to argue and self-reflect. → 30-30L.

- Work that does not reach the minimum threshold→ Negative outcome.

Erasmus/International exchange students:

In Italy, students may refuse a grade if they believe it does not correspond to what they desire.

Refusal of a grade or a negative result means that the exam (written and oral) must be retaken in a subsequent date or exam session (appello d'esame), with no guarantee of a grade or of passing the exam.

In this case, think about it, anyway there is the possibilty to obtain an higher mark.

Office hours

See the website of Maria Giulia Canella