B5495 - TECNICHE DI SOLUZIONE DEI DIRITTI DELL'IMPRESA

Learning outcomes

The course is devoted to analysing the different dispute resolution techniques available to the entrepreneur. Also in the light of the latest reforms of the civil process and in a landscape of changed litigation management, the legislator is now oriented towards a partially para-contractual solution to disputes and it is therefore necessary to acquire technical skills, on the one hand, in relation to mediation and dispute negotiation and, on the other hand, in relation to the technical management, including private management, of dispute resolution tools. These ongoing changes demand that those working in or on behalf of the company have acquired the ability to manage the full range of conflict resolution tools. Since only some types of disputes lend themselves to being resolved through settlements and mediation, the negotiated management of disputes must be administered in advance, including by resorting to corporate arbitration, while in other cases it is unavoidable to go through the state process, including by resorting to precautionary and special protection, both in industrial matters and in order to protect credit rights on a precautionary or emergency basis. Particular attention will also be paid to the effectiveness of the protection, examining the constant connection between negotiated conflict resolution and singular and insolvency enforcement. Further insights will be devoted to the management of insolvent company proceedings, also in cross-border litigation. These are highly topical and constantly evolving issues, the awareness of which defines corporate law practitioners. The course is recommended for those who would like to be involved, after graduation, in advisory work at a company, having acquired a multi-level technical approach to conflict management.

Course contents

The course is aimed at acquiring a ‘second level’ approach to the civil process in all its forms (pre-trial phase, trial phase, arbitration), with particular reference to conflict resolution and litigation involving the company, from the management of corporate matters to that of credit recovery and the procedural management of business crises.
The first part of the course will be theoretical in nature, and will be aimed at consolidating the notions already learnt in the first part of the academic course.
The following topics will be addressed:
- Jurisdictional protection of rights in the commercial sphere;
- The Company Court and the International Commercial Courts;
- Corporate events and trial.

Focus:
Company credit protection:
- Alternative means of settlement or dispute resolution.
In particular, settlement, mediation and corporate arbitration;
- injunction proceedings and European injunction proceedings;
- precautionary credit protection;
- hints on forced execution;
- liquidation procedures in the Corporate Crisis Code (CCI).
The second part of the course will consist in the simulation of real situations, also with the intervention of highly qualified external professionals, who will be able to share their experience at the university.
Company and corporate events that may arise both in the process already underway and in the pre-trial phase, as well as in arbitration, will be simulated.

Readings/Bibliography

For the first part of the course, articles published in scientific journals and judicial decisions will be posted on the ‘Virtual’ platform to further the topics covered in class.
For the second part of the course, specific cases to be analysed will be available on ‘Virtuale’.

Teaching methods

The lectures will be theoretical-practical, with case simulations in the second part of the course.
In particular, in the second part of the course there will be comparisons with various professionals: accountants for the simulation of due diligence, lawyers for the management of business crisis.
Active participation in the course will allow the participants to actively participate in the lectures and to confront each other in class in solving concrete cases.

Assessment methods

The student's assessment will take place by verifying the skills achieved in class in the analysis of practical cases and theoretical notions discussed in class and published on the "Virtuale" website.

Evaluation of the final grade:

- Discussion and participation little thorough or partially deficient, but individual ability to analyse and recognise the limits of the same and autonomously integrate purely executive issues: 18-19;

- Little or partially deficient discussion and participation. Independent correction and oral integration of some gaps or inaccuracies. → 20-24;

- Timely discussion and participation, individual ability to analyse and recognise critical points immediately and to correct them without being prompted by the teacher. Ability to make autonomous critical analysis choices, mastery of specific terminology. → 25-29;

- Substantially complete preparation on the topics covered in the course, ability to make autonomous choices of critical analysis and linking, full command of specific terminology and ability to argue and self-reflect. → 30-30L.

- Discussion or participation failing both or individually to meet the minimum threshold. Failure.

Teaching tools

The two main IT references of the course are:

1) The course syllabus;
2) The ‘Virtuale’ intenet platform.
It is advisable to consult the latter before each lesson, also in order to check any possible warnings or changes.
For any health problems that may interfere with the lessons, including learning disorders, please contact:
http://www.studentidisabili.unibo.it/servizi-agli-studenti/index.html.
The office will contact the teacher directly, who will provide clarification.
For possible interviews, please check the teacher's website
https://www.unibo.it/sitoweb/mariagiulia.canella

Office hours

See the website of Maria Giulia Canella