12515 - Domestic and International Arbitration Law

Learning outcomes

In-depth understanding of arbitration law, with regard to both the systematic framework of the institution and its practical aspects. Particular attention will be paid to arbitration as a system for resolving international disputes.

Course contents

The course has two main goals: to give you the theoretical knowledge you need and to help you use it in the course itself when dealing with an arbitration case.
To do this, we'll look at:
1) The general features of arbitration as a way to settle disputes.
2) Internal classifications of arbitration (ritual and non-ritual arbitration; ad hoc and administered or institutional arbitration; domestic, international, and foreign arbitration).
3) The choice of arbitration: the arbitration agreement.
4) The role of the arbitrator and the requirements for appointment.
5) The conduct of the arbitration proceedings and its rules.
6) “Complicated” arbitration (multiple parties, unusual events, incidental issues).
7) Evidence in arbitration proceedings.
8) The award and its effectiveness.
9) Appeals against the arbitral award.
10) Arbitration in business matters
11) Urgency: interim relief in arbitration.
12) International commercial arbitration.
The second part of the course will be conducted using a workshop approach, following the stages of an arbitration with the active involvement of students divided into groups.

Readings/Bibliography

E. ZUCCONI GALLI FONSECA, Lezioni di diritto dell'arbitrato (Lessons in Arbitration Law), Bononia University Press (BUP), second edition (editio minor for educational use): the manual is available in open access and can be downloaded from the BUP website as part of the Unibo “open teaching” program at the following address

https://buponline.com/prodotto/lezioni-di-diritto-dellarbitrato/

The following are excluded:

paragraphs 6, 8, 9, 10, 15 of Chapter VII

paragraph 3 of Chapter IX

paragraphs 4, 5, 8 of Chapter X

paras. 4, 5, 7, 8, 13, 14 of Chapter XI

paras. 2, 4, 5, 8 of Chapter XIII

paras. 5, 6, 7, 8, 9, 10, 11 of Chapter XIV

paras. 8, 9 of Chapter XV

paras. 9, 10, 11, 12, 13, 14, 15 of chapter XVI

para. 4 of chapter XVII

chapter XVIII

Students who wish to do so may prepare for the exam using the English-language book Zucconi Galli Fonseca-Rasia, Arbitration law in Italy, Cedam, 2020.

Further reading (optional) and case law will be indicated during the lessons.

Teaching methods

The lessons will be held by Prof. Maria Giulia Canella and will take place with the aid of slides, examples of legal documents and case law in the first semester.
The lessons will take place with the aid of the UNIBO “Virtuale” IT platform in e-learning mode, where it will be possible to consult the program, materials, presentations and carry out self-assessment tests.
Active participation is required from students, who will be asked to prepare topics to present in class with the aid of slides and written handouts, as well as to read and present case law, including international case law.
The course will partly take the form of a workshop, with a moot arbitration case.

It should also be noted that the Chair of Civil Procedure Law organizes two optional seminars, which complement and integrate knowledge of alternative dispute resolution techniques through workshop-based teaching methods.
1) Seminar on negotiation and mediation, featuring a final competitive moot;
2) Sports arbitration workshop, consisting of a simulation of a sports case to be discussed before an arbitration panel, with the aid of a text available for download in “open teaching” (Zucconi Galli Fonseca-Rasia, Laboratorio di arbitrato nello sport, 1.0, Bup).

All students are invited to participate.
In order to take the exam, students enrolled in the Master's Degree program in Law must have passed the Civil Procedure Law exam.

Assessment methods

The exam will consist of an oral test at the end of the workshop-style course, aimed at assessing knowledge of the institutions and the ability to develop connections and critical arguments.
The interview will focus on the topics indicated in the “Program and contents” section.
The assessment of the exam will be expressed in grades and will be carried out taking into account:
knowledge of institutional profiles; the ability to analyze jurisprudential and doctrinal orientations; the ability to make connections between the different parts of the program; the ability to develop critical arguments; the articulation of the presentation; the accuracy of the presentation.
Active participation in lectures and mock arbitration will account for 1/3 of the final grade.
Attending students may agree on a program that excludes topics covered in class exercises.
Attendance will be assessed at the end of the course.
If a student who has attended the course refuses to accept their grade or receives a failing grade, they will be required to retake the entire oral exam.
Final grade scale:
Preparation on a very limited number of topics covered in the course and analytical skills that emerge only with the help of the instructor, expression in generally correct language → 18-19;
Preparation on a limited number of topics covered in the course and independent analytical skills only on purely practical issues, expression in correct language → 20-24;
Preparation on a wide range of topics covered in the course, ability to make independent critical analysis choices, mastery of specific terminology → 25-29;
Substantially exhaustive preparation on the topics covered in the course, ability to make independent critical analysis and connection choices, full mastery of specific terminology and ability to argue and self-reflect → 30-30L.
For attending students, learning assessment will take place during the course.
In case of disability, please refer to the instructions provided by the relevant offices.
In order to take the exam, students enrolled in the Master's Degree program in Law must have passed the exam in Civil Procedure Law.
Thesis request: directly to the professor at the end of the course or by email appointment on Teams.

Teaching tools

Presentations and other materials (doctrine, case law, arbitration chamber websites, etc.) will be used during the lessons.
All materials, as well as lesson outlines, links to web documents, judgments, slides, etc., will be available on the “Virtual” course website, which students can access to review what was covered in class.
Student office hours:
- via Teams, by appointment requested by email to a:mariagiulia.canella@unibo.it

Office hours

See the website of Maria Giulia Canella