91420 - TRANSNATIONAL AND INTERNATIONAL CIVIL LITIGATION

Conoscenze e abilità da conseguire

Al termine del corso lo studente - ha una visione di insieme del processo civile in dimensione comparatistica, prendendo a riferimento i principali modelli europei e il sistema nordamericano, ed internazionale; - ha acquisto i fondamenti necessari per la comparazione giuridica in materia di diritto processuale civile, utili per l’attività professionale presso studi legali internazionali, organizzazioni internazionali o presso imprese coinvolte in controversie transnazionali.

Contenuti

1. A global approach to cross-border litigation.

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

3. Jurisdiction and process, fundamental rights and principles.

4. Choice of jurisdiction and effectiveness of judgements.

5. European model?

6. International Arbitration.

7. Focus. Institutional and ad hoc arbitration: the ICC rules, an overview.

Testi/Bibliografia

A reading list will be made available via "Virtuale" platform.

Further explanations will be provided at the beginning of the course.

Recommended Readings.

- Civil Litigation in Comparative Context, Oscar Chase , Helen Hershkoff, Linda Silberman, Yasuhei Taniguchi, West Academic, 2019.

- Civil Litigation in a Globalizing World, Kramer, Van Rhee, Springer, 2012.

- International Arbitration and Mediation. A Practical Guide, Micheal Mcilwrath, John Savage, Wolters Kluwer, 2010.

Metodi didattici

The lectures will be held in presence during the first semester.

The possibility of taking the course online will only be available to students with bureaucratic difficulties, specifically identified by the offices and not discretely by the professor.

At least 70% of the course must be attended.

Attendance is strongly recommended, as well as active participation.

Attendance will be recorded for each lesson.

Absence of this requirement will result in impossibility to take the exam.

Modalità di verifica e valutazione dell'apprendimento

Written examination & discussion in the Oral examination.

The written examination will take place in presence in the month of December at the end of the course.

It will consist of an essay of 950-1050 words (Times New Roman, font size 12, line spacing, 1,5).

The text must be written on paper and must be organized in 4-5 paragraphs.

The candidate must choose one of the three topics proposed.

Time in class: two hours.

The organization of the essay should include an introduction, a development (1-3 paragraphs) and a conclusion.

Each paragraph shall have a title.

The paper will be discussed with the professor during the oral examination (at least three dates will be published on Faculty website) from the month of January 2023.

N.B. ONLY for students who are on an international exchange program that officially ends in December 2023 and who must sit their discussion by the end of the 2023 calendar year: it will be possible to discuss and register the written exam in the December 2022 session.

In this case, the student must send an express request to the professor by mail in the first days of the course, in order to enable offices to verify the presence of requirements.

Only if this early verification is carried out by offices, the examination can be registered in December 2023.

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 suggested by the professor on the website of the course, during the lecture or uploaded on the platform “Virtuale” may be used to write the essay.

It is not a question of carrying out research or 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 and evaluated.

The results of the written examination will be published anonymously (student number) before the Christmas break on the "Virtuale" site.

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 her or his 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 analyze and recognize the limits of the same and anonymously 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 analyze and immediately recognize critical points and to correct them without being prompted by the professor. 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.

Strumenti a supporto della didattica

During the course Professor Canella will set a schedule to elaborate on the main course topics throught the website "Virtuale".

In addition, articles and materials will be shared on the "Virtuale" platform, which will constitute the didactic support of the course.

Moreover, written notices about lectures and practical arrangements for the final examination will be published.

It is advisable to consult the "Virtuale" platform before each lecture, where notices can be posted.

If possible, external lecturers will be brought in to provide a different perspective on the subject.

For any health problems that may interfere with the examination, including learning disabilities, please contact

http://www.studentidisabili.unibo.it/servizi-agli-studenti/index.html.

Although the office will contact directly the professor and provide you with any clarification.

 

Orario di ricevimento

Consulta il sito web di Maria Giulia Canella