The course, divided into two different lecture modules, is devoted to the study of arbitration as an alternative dispute resolution proceeding, with specific regard to ritual arbitration (and to its relationship with the ordinary judicial proceedings before national Courts). The first lecture module deals with the legal framework applicable to arbitration under the Civil Procedure Code, while the second lecture module deals with corporate arbitration as per Legislative Decree n. 5 dated 17 January 2003.
In the teachers' intentions (achievable, however, only with the agreement of the students attending the lectures and their proactive collaboration), the course should widely embrace a seminar method (with researches and oral expositions and discussions carried out by students).
Prerequisites for admission
The student must be motivated and interested towards the study of the discipline of a process which is different from that taking place before the State judge, and that is largely used in an international context, and increasingly so in a domestic context, as a means of alternative dispute resolution. Therefore, the student must be acquainted with the principles governing the ordinary process, such as they have learnt in the study of civil procedure law.
F.P. LUISO, Diritto processuale civile, V, La risoluzione non giurisdizionale delle controversie, Milano, Giuffrè, 9^ ed., 2017 (with regard to Chapters from 8 to 17 included).
Assessment methods and Criteria
The final evaluation forms the object of an oral exam and is expressed in thirtieths, possibly cum laude.
Evaluation criteria for the exams take into consideration content accuracy, clarity of reasoning, critical analysis and rethinking skills.