12515 - Domestic and International Arbitration Law

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

The course has a twofold objective: on the one hand, to prepare the student to acquire the necessary theoretical knowledge and, on the other hand, to use this knowledge within the course itself in the concrete management of an arbitration procedure.

1) General principles.

2)  Arbitration "rituale"and "irrituale"; "Ad hoc" arbitration and institutional arbitration.

3) Arbitration agreements.

4) The arbitral tribunal: appointment of arbitrators and their indipendence.

5)  Arbitral procedure. Request for arbitration, proceedings and arbitral award.

6) The 'complicated' arbitration (multiple parties, anomalous events, incidental issues).

7) Rules governing the proceedings.

8) Taking evidence in arbitration.

9) Challenges to teh arbitral awards.

10) Corporate arbitration. 

11) Interim Protection and Arbitration.

12) International commercial arbitration.

The second part of the course will be held using a workshop technique, gradually following the steps of an arbitration with the active involvement of students divided into groups.

 

Readings/Bibliography

E. ZUCCONI GALLI FONSECA, Lezioni di diritto dell'arbitrato, Bononia University Press (BUP), Bologna,2021 (second edition), availble for free as part of the Unibo project "open teaching" on the website of the Bononia University Press, at the following link

https://buponline.com/prodotto/lezioni-di-diritto-dellarbitrato/

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 the italian text with the english text Zucconi Galli Fonseca-Rasia, Arbitration law in Italy, Cedam, 2020.

Further reading (optional) and case law cases will be pointed out during class.

Teaching methods

Classes will be taught by prof. Maria Giulia Canella with the aid of slides, examples of acts and of judicial cases and will take place with the help of Univeristy web platorm "Virtuale", where the program, materials are presentations will be visible.

An active participation is required by all attending students, who will have to present insights in class.

Part of the course will have laboratory features, with a simulated international arbitration experience where possible.

It should also be noted that optional "two credit seminars" are organised: they represent the additional and complemetary knowledge on alternative conflict resolution techniques and will be held by other professors through workshop teaching methods:

1) Seminar on negotiation and mediation, featuring a competitive final moot (in italian).

2) Workshop on arbitration in sport, consisting of a simulation of a sports case, to be discussed before an arbitration board, with the aid of a downloadable "open teaching" text (Zucconi Galli Fonseca-Rasia, Laboratorio di arbitrato nello sport, 1.0, Bup) (in italian).

All students are invited to participate.

In order to sit the exam, students enrolled in the Law degree course must have sat the Civil Procedural Law exam.

Assessment methods

The exam will take place in oral form and will focus on the topics of the course in connection with the attendance to the lectures.

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

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

- knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

- knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

- extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.

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 request:

directly to the professor at the end of the lessons or by e-mail requesting an appointment on Teams.

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 Univeristy web platform "Virtuale".

Office hours: see professor's Canella website.

Send an e-mail to: mariagiulia.canella@unibo.it

Office hours

See the website of Maria Giulia Canella