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

I module (Michele Angelo Lupoi) (24 hrs)

The first module will be dedicated to the following topics:

- The impact on civil proceedings of the events of a company (4 hrs)

- Class actions (4 hrs)

- Provisional remedies in IP litigation (2 hrs)

- Business Court in Italy and International Commercial Courts (2 hrs)

- Liquidation proceedings in the Italian legislation (6 hrs)

- Cross border insolvency (Reg. UE 848/2015) (6 hrs)

 

I module (Matteo Pacilli)


The module deals with the theme of credit recovery in relation to factoring and assignment of receivables. From this point of view, the following topics will be dealt with (from the out-of-court or pre-trial phase to the insolvency phase, passing through the cognitive phase) (a) alternative means of settlement and resolution of disputes in business matters (respectively, mediation, transaction and corporate arbitration); (b) provisional remedies ante causam (in particular, attachment, including the European one on bank accounts, and the liberating seizure); (c) the order for payment procedure and the European injunction; (d) the insolvency procedures (in particular, bankruptcy and composition).

Readings/Bibliography

Materials are uploaded on Virtuale

Teaching methods

In person attendance of the lessons is mandatory.


The lessons will be theoretical and practical.

Assessment methods

Active participation in class discussions will be considered an important evaluation criterion.

The final test will be oral, on the topics discusses during the course.

Office hours

See the website of Michele Angelo Lupoi

See the website of Matteo Pacilli