Subject: INTERNATIONAL JUDICAL PROTECTION AND A.D.R. (Prof. Roberto Martino)
The specialized content of the course requires that the student has a preliminary knowledge of the notions and institutions of the general part of civil procedural law, as well as a preliminary knowledge of civil law and commercial law.
The course aims to provide the necessary tools for the management of civil and commercial disputes, also with transnational relevance, within public and private companies, and for-profit and non-profit organizations, as well as for the extrajudicial processing of the same disputes. In line with these objectives, the course aims to expand - with a specialized study - the knowledge of the judicial procedures for the protection of companies, institutions and consumers in the European judicial area, as well as the out-of-court resolution tools for civil and commercial disputes in national and international scope.
Knowledge and ability to understand
At the end of the course the student will be able to understand and know the peculiarities and advantages related to the use of the main forms of alternative disputes resolutions (so-called ADR: mediation, assisted negotiation and arbitration) in the national and international context. During the course, particular attention will be given to the phenomenon of international arbitrations (for example, the International Chamber of Commerce, ICC, etc.) and to the New York Convention for the recognition and enforcement of foreign arbitration awards (1958), which constitutes the fundamental legislation of the matter. The wealth of knowledge will be increased through a thorough and detailed analysis of the EU regulations establishing special procedures for the resolution of disputes in civil and commercial matters, as well as for the management of cross-border insolvencies. The course aims to make future legal practitioners aware of the coexistence, in the discipline of the civil procedura law, of European and supranational sources characterized by an increasingly significant impact. The notions that will be acquired with the course of study will be of fundamental importance, both for the figures of experts in paralegal activities of technical assistance to companies and institutions, and for those professionals who will carry out legal advice at: companies and corporate groups (also operating outside the national borders); associations (including the third sector); national, European and international institutions and non-governmental organization.
Autonomy of judgment
At the end of the course, the student will be able to:
- know and use the special procedural tools of protection that European Union law makes available to businesses and consumers in the context of transnational disputes (for example, the complaints in the Online Dispute Resolutions, ODR), as well as prepare and initiate legal proceedings, for which technical defense is not always required, for the recovery of cross-border credits (in relation, for example, to maintenance obligations, unclaimed or modest credits).
- manage the procedures for the alternative resolution of conflicts in civil and commercial matters, including those of international importance.
Through the theoretical knowledge acquired, the student will be able to use the most appropriate legal terminology to work in court and out of court, with particular reference to the transnational dispute.
Students' communication skills will also be stimulated through participation in seminars and discussions in the classroom through individual or group work, concerning the deepening of individual institutions or specific law cases.
(A) Judicial cooperation in civil and commercial matters in Europe: a) EU Reg. No. 805/2004, European enforcement order; b) Reg. n. 1896/2006, European injunction procedure; c) Reg. n. 861/2007, European procedure for small claims; d) EU Reg. no. 524/2013, Online resolution of consumer disputes; e) Reg. UE n. 655/2014, Procedure for the European order for attachment on bank accounts in order to facilitate cross-border recovery of claims in civil and commercial matters; f) EU Reg. no. 2015/848, Transnational insolvency proceedings.
(B) Alternative Dispute Resolution (ADR): a) mediation; b) assistetd negotiation; c) national and international arbitrations.
The course has 6 CFU and will be structured in 2 hours frontal teaching lessons according to the academic calendar.
The didactic activity will be characterized by theoretical lessons and exercises that will have as object the development of a simulated process or the deepening of individual institutions, through the analysis of specific law cases.
COURSE GRADE DETERMINATION
The student preparation will be verified by an oral exam with an evaluation expressed in thirtieths, and will be considered passed by students who have achieved a mark not less than 18/30.
During the course the attending students, in agreement with the Professor and during the periods dedicated to it, will support partial exams on the parts of the program already explained in class, which will help to define the final evaluation in thirtieths.
Throughout the academic year, assistance will be provided to students through the tutoring activity carried out by researchers and experts of the subject. Classroom exercises will be carried out to study case law; as well as further exercises concerning the simulation of an arbitration, with the active participation of the students.
For the part under lett. A): Biavati – Lupoi, Regole europee e giustizia civile, Bononia University press, 2017
For the part under lett. B) F.P. Luiso, Diritto processuale civile, Giuffrè, Milano, ult. ed., vol. V, (capp. Da 1 a 17; 22).
During the course will be distribuited further materials for the study of specific matters, with particolar reference to internationals arbitrations.