L16019 Arbitration Law - domestic and international

Scuola di Diritto
Syllabus
Academic Year 2019/20 First Semester

foto
Docente TitolareFilippo Corsini
E-mailfcorsini@liuc.it
Office"Torre" (main tower), 3rd floor
Phone

Learning Objectives

The course is aimed at providing the student with a complete and exaustive knowledge of national and international arbitration law. Particular attention will be placed on the analysis of the Italian code of civil procedure, of the international conventions relating to arbitration and of the legal framework of foreign states.
The provisions of law will be explained also through the reference to practical cases and to the case law.

Learning targets

In order to achieve adequate learging targets, a very good knowledge of the English language is mandatorily required. Furthermore, it is strongly advisable to give the exame only after having passed the exam of civil procedure law.

At the end of the course the student will have gained adequate knowledge  of the functioning of national and international arbitration, both from a theoretical and a practical perspective. The student will learn the applicable provision of the Italian code of civil procedure and of the international conventions. The student will understand why arbitration plays a key and essential role in settling disputes in the modern economy.

 

Course Content

The course will cover the following subjects, both with respect to national and international arbitration:
Types of arbitration and other ADR devices
The arbitration agreement and its interpretation
The arbitration tribunal
Selection and removal of arbitrators
Multiparty arbitration
Procedure
Taking of evidence
Provisional measures
Award
Administered Arbitration 
Enforcement of the award. The New York Convention
Confidentiality and tranparency.
Annulment and correction of the award.

Course Delivery

Lectures will be taken in classess, through the traditional method. The interaction between students and professor is very welcome.
Lectures will be held in English, both with respect to national and international arbitration law.

Course Evaluation

The preparation of the student will be verified through an oral exam; in order to pass the exam, the student shall demonstrate to have adequate knowledge of national and international arbitration. Exams will be held in English both with respect to national and international arbitration law. The student shall answer to 3/4 questions. There will not be interim exams.

Syllabus

Session 1
Hours of lesson: 3
Instructor: F. Corsini

Topics:

Arbitration in Italy: general overview

Courts and the Litigation Crisis in Italy

Arbitration and Other Alternative Dispute Resolution Devises

Different Types of Arbitration in Italy

Readings:

Session 2
Hours of lesson: 0
Instructor: F. Corsini

Topics:

International and Domestic Arbitration: An Overview

Keys Elements of International Arbitration

Law and Rules governing arbitration: Domestic Law, Treaties; General Principles, Model Law 

Ad Hoc and Institutional Arbitration

Significant Features of Arbitration Procedures

Readings:

Session 3
Hours of lesson: 3
Instructor: F. Cuomo Ulloa

Topics:

The Foundations of Arbitration 

Arbitration and Party Autonomy

Arbitrability Issues

The Relationship between Arbitration and the Courts

Arbitration Agreements and Cross border Disputes

Enforcement of Agreement to Arbitrate

Readings:

Session 4
Hours of lesson: 3
Instructor: F. Cuomo Ulloa

Topics:

The Arbitral Tribunal

Appointment of Arbitrators

Duties of Arbitrators

Impartiality and Indipendece of Arbitrators

 

Readings:

Session 5
Hours of lesson: 3
Instructor: F. Cuomo Ulloa

Topics:

The choise of Law in Arbitration

Procedural Law in arbitration

Substantive Law in arbitration

Mandatory Law and Parties'autonomy

 

Readings:

Session 6
Hours of lesson: 3
Instructor: F. Cuomo Ulloa

Topics:

Arbitration Impartiality 

Challenges to arbitrators

Parties' challanges and the Role of Arbitration Institution

Readings:

Session 7
Hours of lesson: 3
Instructor: F. Cuomo Ulloa

Topics:

Multiparty arbitration

The Arbitral Proceeding

Party Autonomy and Due process

The Phases of the Proceeding

 

Readings:

Session 8
Hours of lesson: 3
Instructor:

Topics:

The Phases of the Proceeding

Discovery and Evidence taking in Arbitration

The role of National Courts in obtaining evidence 

 

Readings:

Session 9
Hours of lesson: 3
Instructor: F. Cuomo Ulloa

Topics:

Confidentiality and Transparency in International Arbitration

National arbitration legislation

Institutional Rules

Provisional Measures in arbitration

 

Readings:

Session 10
Hours of lesson: 3
Instructor: F. Cuomo Ulloa

Topics:

Arbitral Award

Legal Framework

Annulment of the Award

Recognition and Enforcement

Readings:

Session 11
Hours of lesson: 3
Instructor: F. Cuomo Ulloa

Topics:

Arbitration in Italy

Legal framework

General provisions

Readings:

Session 12
Hours of lesson: 3
Instructor: F. Cuomo Ulloa

Topics:

Mediation 

Mediation in Europe

Mediation in Italy

Readings:

Session 13
Hours of lesson: 3
Instructor: F. Cuomo Ulloa

Topics:

mock mediation and arbitration

Readings:


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