12515 - Domestic and International Arbitration Law

Learning outcomes

 

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

 

Readings

 E. ZUCCONI GALLI FONSECA, Diritto dell'arbitrato, Bononia University Press, Bologna, 2016; 

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 a part of the book (to be agreed with the teacher) with an english paper prepared by Zucconi Galli Fonseca-Rasia

Teaching methods

 

Theaching methods

 

Classes will be taught by prof. Elena Zucconi Galli Fonseca, the owner of the course, and by dr. 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

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