12515 - Domestic and International Arbitration Law

Learning outcomes

The course aims to offer students an in-depth analysis of the rules of arbitration as a dispute settlement mechanism in competition with the judicial protection of rights offered by the States, regarding both domestic disputes, and disputes with international elements

Course contents

Course program:

1. the sources of arbitration in the framework of the ADR;
2. the arbitration agreement;
3. the arbitrators: impartiality and requirements for assuming the office;
4. the acts of the proceeding: request for arbitration and defense briefs;
5. the arbitral procedure;
6. taking evidence in arbitration;
7. urgency: precautionary measures in arbitration;
8. applicable and substantive law;
9. arbitration and European Union Law;
10. arbitration costs and arbitrator fees;
11. the award: how it is drawn up and its enforceability;
12. appeal of the award and recognition of the foreign award

Readings/Bibliography

E. ZUCCONI GALLI FONSECA, Lezioni di diritto dell'arbitrato, Bononia University Press, seconda edizione, 2021 (the book is available by open access at: https://buponline.com/prodotto/lezioni-di-diritto-dellarbitrato), the following paragraphs are excluded:

• parr. 6, 8, 9, 10, 15 of cap. VII
• par. 3 of cap. IX
• parr. 4, 5, 8 of cap. X
• parr. 4, 5, 7, 8, 13, 14 of cap. XI
• parr. 2, 4, 5, 8 of cap. XIII
• parr. 5, 6, 7, 8, 9, 10, 11 of cap. XIV
• parr. 8, 9 of cap. XV
• parr. 9, 10, 11, 12, 13, 14, 15 of cap. XVI
• par. 4 of cap. XVII
• cap. XVIII

Students who wish can replace the italian text, with the english text: Zucconi Galli Fonseca-Rasia, Arbitration law in Italy, Cedam, 2020.

Teaching methods

Classes will be taught by prof. Carlo Rasia and by prof. Chiara Giovannucci Orlandi. They will teach with the aid of slides, examples of acts and of judicial cases.

Lessons will take place with the help of a "virtual course" in e-learning, in which the students can view the program, materials, presentations and perform self-assessment tests.

An active participation is required by all attending students, who will have to present insights in class.

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For those students who actively attend the course:

• An arbitration simulation experience (ARBITRATION MOOT) will be performed during the course; 
• An educational tour to the Chamber of Arbitration of Milan will also be organized in November 2024

Assessment methods

The exam will take place in oral form and will focus on the topics indicated in the "Course contents" section.

The evaluation of the test will be carried out taking into consideration:

• knowledge of institutional profiles;
• the ability to analyze the jurisprudential and doctrinal guidelines;
• the ability to make connections between the different parts of the program;
• the ability to develop critical arguments;
  the exposure articulation;
• the accuracy of the exposure

For the students who will attend the course, the exam will be scheduled at the end of the lessons (which will normally be held at the end of November). Further details on the pre-appeal procedures will be provided by the teacher at the beginning of the course.

Having actively participated at the ARBITRATION MOOT will be an important evaluation element for the purpose of the final grade.

Teaching tools

Presentations and other material (doctrine, jurisprudence, etc.) will be used during lessons; the student will then be able to rethink the lessons learned by accessing the virtual course in e-learning

Office hours

See the website of Carlo Rasia

See the website of Chiara Giovannucci