L14407 Arbitration Law (domestic and international)

Scuola di Diritto
Academic Year 2018/19 First Semester

Docente TitolareFilippo Corsini
Office"Torre" (main tower), 3rd floor

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
Taking of evidence
Provisional measures
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 Etiquette

The students are required to behave in a polite manner, to be on time, not to disturbe and to switch off mobile phones, tablets and laptops.

Required Readings

Two textbooks are (cumulatively) adopted: 
(i) the international arbitration law shall be studied on G.B. Born, International arbitration: law and practice, ed. Kluwer Law international (last edition available), from page 1 to page 409. 
(ii) the national arbitration law shall be studied on G. Verde, Lineamenti di diritto dell'arbitrato, Giappichelli, Torino (last edition available). Please note that such text book is in Italian, but the exam will be held in English also on national arbiration 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.

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