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

2. Jurisdiction and process, fundamental rights and principles.

3. Different kinds of litigation: domestic, international and transnational, which jurisdiction?

4. Jurisdiction and State.

5. Choice of jurisdiction and effectiveness of judgements.

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 the "Virtuale" platform. Further explanations shall be given at the beginning of the course. Professor Canella will circulate also, via distribution lists, the judgments which will be discussed in the lessons.

Teaching methods

Classes will take place during the first semester, according to the schedule that will be published subsequently and with the safest teaching method decided by the University according to the health situation and the number of students. If it is possible in-class teaching will be preferred.

Thus, any change could be made during the semester, but it on-line teaching classes will always be guaranteed.

 

Assessment methods

Examination paper

"Take home' essay.

It consists of an essay of 950-1050 words.

The candidate must choose one of the three topics proposed, from those covered in class.

A written text is expected, organised in paragraphs and accompanied by footnotes.

The topics will be provided at the end of the course. The deadline for writing the essay from that date is one week.

The paper will be discussed with the lecturer during the oral examination, from the month of January, 2022.

N.B. For students who are on an international exchange programme and who must sit their exams by the end of the 2021 calendar year, it will be possible to sit the exam in the December session, also electronically, subject to an express request to the lecturer during the first days of lessons.

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 by the lecturer during the lessons or uploaded on the platform “Virtuale” may be used to write the essay. It is not a question of carrying out a research or a 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.

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 his or her knowledge and to make the necessary logical deductive connections.

Grading of the final mark:

- Work that is not very thorough or partially deficient, but individual ability to analyse and recognise the limits of the same and autonomously 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 analyse and immediately recognise critical points and to correct them without being prompted by the teacher. 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.

Teaching tools

During the course Professor Canella will set a schedule to elaborate on the main course topics.

Office hours

See the website of Maria Giulia Canella