86424 - Domestic and International Arbitration Law (Italian - Spanish Law Individual Study Plan)

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 contents

The course is divided in two parts:

Firstpart (domestic arbitration):

-General principles.

- Arbitration "rituale"and "irrituale".

- "Ad hoc" arbitration and institutional arbitration.

- Arbitration agreements.

- The arbitral tribunal: appointment of arbitratorsand their indipendence.

-Arbitral procedure. Request for arbitration.

- Rules governing the proceeding.

- Taking evidence in arbitration.

- The award.

- Challenges to awards

- Special arbitrations (i.e. corporate arbitration)

Second part(international arbitration):

- Essentialcharacteristics of international arbitration.

- International arbitration sources.

- Arbitration clauseand submission agreement.

- International arbitrators. The“IBA Guidelines on conflict of interest”.

- The seat of arbitration and the structure of international arbitration proceeding.

- Taking evidence in international arbitration andthe “IBA Rules”.

- Applicable and substantive law. La lex mercatoria.

-Arbitration and European law.

- Costs and language.

- The foreign arbitration. Recognition and enforcement of a foreign award.

Readings/Bibliography

E. ZUCCONI GALLI FONSECA, Lezioni di diritto dell'arbitrato, Bononia University Press, Bologna, 2016; The second edition (2021) will soon be available for free download as part of the Unibo project "open teaching" on the website of the Bononia University Press, at the following link

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

excluded insights into smaller font;

also excluded:

parr. 6, 8, 9, 10, 15 cap. VII

par. 3 cap. IX

par. 4, 5, 8 cap. X

par. 4, 5, 7, 8, 13, 14 cap. XI

parr. 2, 4, 5, 8 cap. XIII

parr. 5, 6, 7, 8, 9, 10, 11 cap. XIV

parr. 8, 9, cap. XV

parr. 9, 10, 11, 12, 13, 14, 15 cap. XVI

par. 4 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. Elena Zucconi Galli Fonseca, the owner of the course, and by prof. Carlo Rasia, owner of the module on International Arbitration. 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.

One simulation of arbitration will be performed during the course.

Assessment methods

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

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

- knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

- knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

- extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

The course will take place during the second semester and all students may therefore sit for the exam starting from May.

Attending students will support assessment tests during the course of lessons.

Thesis

The thesis will be agreed directly with the teacher: more detailed seminars will be provided.

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 Elena Zucconi Galli Fonseca

See the website of Carlo Rasia