Arbitration Law
A.Y. 2020/2021
Learning objectives
Upon completion of the coursework, the student is expected to possess:
- Knowledge of the fundamental principles of arbitration, as well as of its current legal discipline;
-ability to understand and interpret the relevant rules of law, and - ability to apply such rules to practical matters;
- ability to illustrate the knowledge acquired showing language skills, including technical language, and logical consistency.
- Knowledge of the fundamental principles of arbitration, as well as of its current legal discipline;
-ability to understand and interpret the relevant rules of law, and - ability to apply such rules to practical matters;
- ability to illustrate the knowledge acquired showing language skills, including technical language, and logical consistency.
Expected learning outcomes
Upon completion of the course, students who have profitably mastered the subject matter will have an in-depth knowledge of the course topics, with the acquisition of a reasoning method appropriate in order to deal with legal matters related to the regulation of arbitration proceedings and to its relationship with legal proceedings before national courts.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Teaching methodology
Lectures will take place on Microsoft Teams in a synchronized setting, at the scheduled times. The information on how to access classes on Microsoft Teams and the other didactic instructions will be uploaded on the ARIEL platform of the course, which it is recommended to check on a regular basis.
Should the sanitary conditions allow it, in compliance with the regulations in force, lectures may also be held in person at classrooms (mixed mode); in this event, students will be promptly informed and notified through the ARIEL platform of the course.
In any case, lectures will be recorded and made available to all students for the duration of the semester.
Program and course materials
The program and course materials are unchanged.
Learning assessment methods and evaluation criteria
The learning assessment methods and the evaluation criteria will not be modified.
The exam will be conducted orally on the Microsoft Teams platform.
Should the sanitary conditions allow it, compatibly with the availability of classrooms and in respect of the essential safety conditions, the exam will take place in classroom.
In any event, the possibility of conducting the exam remotely will be ensured for students who are unable to move from their place of residence and / or domicile.
More precise indications and updates will be available on the ARIEL platform of the course, which is therefore worth consulting regularly.
Lectures will take place on Microsoft Teams in a synchronized setting, at the scheduled times. The information on how to access classes on Microsoft Teams and the other didactic instructions will be uploaded on the ARIEL platform of the course, which it is recommended to check on a regular basis.
Should the sanitary conditions allow it, in compliance with the regulations in force, lectures may also be held in person at classrooms (mixed mode); in this event, students will be promptly informed and notified through the ARIEL platform of the course.
In any case, lectures will be recorded and made available to all students for the duration of the semester.
Program and course materials
The program and course materials are unchanged.
Learning assessment methods and evaluation criteria
The learning assessment methods and the evaluation criteria will not be modified.
The exam will be conducted orally on the Microsoft Teams platform.
Should the sanitary conditions allow it, compatibly with the availability of classrooms and in respect of the essential safety conditions, the exam will take place in classroom.
In any event, the possibility of conducting the exam remotely will be ensured for students who are unable to move from their place of residence and / or domicile.
More precise indications and updates will be available on the ARIEL platform of the course, which is therefore worth consulting regularly.
Course syllabus
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).
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.
Teaching methods
The course consists of face-to-face lessons, in the context of which also seminars are kept.
Teaching Resources
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.
Evaluation criteria for the exams take into consideration content accuracy, clarity of reasoning, critical analysis and rethinking skills.
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 6
Lessons: 42 hours
Professors:
Castagnola Angelo, Salvaneschi Laura Eugenia Maria
Professor(s)