87635 - DIRITTO PROCESSUALE DELL'IMPRESA

Learning outcomes

This course examines tools and remedies for the resolution of business litigation, in particular in relation to alternative dispute resolution methods, from arbitration to mediation, taking into consideration also methods for the resolution of sport disputes. In the context of judicial litigation, specific consideration will be given to interim and provisional remedies in commercial disputes and also to special proceedings and actions under company law. Also transnational litigation aspects will be analyzed, in particular in relation to matitime disputes. A large parte of the course will be dedicated to insolvency proceedings. These topics are very relevant for legal and business operators today and the knowledge acquired at the end of the course will be effectively used in the business counselling sector. This course is strongly recommended for students who would like to perform ad counsellors in an enterprise or business firm.

Course contents

The course is aimed at acquiring a "second level" approach to the civil trial in all its forms (pre-trial phase, trial phase, arbitration), with particular reference to conflict resolution and business litigation, which constitutes, on the one hand, from a statistical point of view, a large part of the disputes arising both in Italy and abroad and, on the other hand, an essential area of specialisation for the jurist.

The first part of the course will be theory-oriented, and will be aimed at consolidating the notions already learnt in the first part of the university course.

The following topics will be covered:

- Jurisdictional protection of rights in the commercial litigation;

- The Company Court and International Commercial Courts;

- Corporate events and trial.

Focus:

Company credit protection:

- Alternative dispute resolution or settlement instruments.

In particular, settlement, mediation and commercial arbitration;

- injunction proceedings and European injunction proceedings;

- interim relief and seizure;

- hints on enforcement;

- liquidation procedings in the italian legislation (CCI).

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

Company and corporate events that may arise both in the course the process and in the pre-trial phase, as well as in arbitration, will be simulated.

Readings/Bibliography

For the first part of the course, specific articles published in scientific journals and sections of second-level textbooks will be indicated in order to expand on the topics covered in class and will be published on the course's Virtuale platform.

All texts indicated on "Virtuale" will have to be studied.

For the second part of the course, however, it will be necessary to be prepared on the cases published on Virtuale.

Teaching methods

It is essential to have a good knowledge of civil, constitutional, civil procedural and commercial law, which will be consolidated in the first part of the course.

Consolidation of the theoretical knowledge is indispensable for dealing with the second part, which also includes discussions with professionals.

Attendance at the lectures is compulsory and active participation in the lessons is considered an integral part of the course.

It will therefore contribute to the final assessment.

Lessons will be of a theoretical/practical nature, with case simulations in the second part of the course.

Assessment methods

The final examination will be oral.

It will cover the topics dealt with in the lectures, both by checking the study of the material covered in the first part of the course and indicated on the Virtuale Platform, and by assessing active and reasoned participation in the lecture discussions and practical cases, which will be considered an integral part of the final grade.

Evaluation of the final grade:

- Discussion and participation little or partially lacking in depth, but individual ability to analyse and recognise the limits of the same and autonomously integrate purely executive issues: 18-19;

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

- Thorough discussion and participation, individual ability to analyse and recognise critical points immediately and to correct them without being prompted by the teacher. Ability to make autonomous critical analysis choices, mastery of specific terminology. → 25-29;

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

- Discussion or participation not reaching both or individually the minimum threshold→ Failure.

Teaching tools

The two main digital references of the course are:


1) The course programme;
2) The "Virtuale" digital platform, on which part of the teaching material to be studied for the examination will be published.

It is advisable to consult the "Virtuale" digital platform before each lesson, also in order to check any possible warnings or changes.

For any health problems that may interfere with the lessons, including learning disorders, please contact:

http://www.studentidisabili.unibo.it/servizi-agli-studenti/index.html.
The office will contact the teacher directly, who will provide clarification.

For possible interviews, please check the teacher's website

https://www.unibo.it/sitoweb/mariagiulia.canella

Office hours

See the website of Maria Giulia Canella