International Contracts and Arbitration Law
A.Y. 2023/2024
Learning objectives
The aim of the course is to provide advanced knowledge and skills regarding the international contracts, in the physiological perspective of the legal planning of the conclusion of their contract, also in the subsequent one, which is pathologically typical for the disputes, as well as when the parties find a judicial solution or when they refer to the international arbitration.
Expected learning outcomes
The students are expected to acquire (i) the critical thinking skills with regard to the impact of the transnational dimension of contracts on the determination of applicable law and dispute resolution mechanisms; (ii) the planning capacity of international contract negotiation strategies; (iii) the reasoning skills necessary to infer from the existing case-law and negotiation practice of the solutions and models used in the concrete business activity.
Lesson period: First trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First trimester
Course syllabus
Units 1 and 2 (prof. Villata):
Jurisidiction and applicable law in contractual matters. International Contracts - Common features: negotiation and signing, performance, end of contract
International Contracts - sale and purchase agreements, distribution and agency agreements, contracts for the financing of the undertakings
Jurisidiction and applicable law in contractual matters. International Contracts - Common features: negotiation and signing, performance, end of contract
International Contracts - sale and purchase agreements, distribution and agency agreements, contracts for the financing of the undertakings
Prerequisites for admission
A good command of general principles and instruments of private international law is a pre-condition to access the topics dealt with in this course. Therefore, students who feel the need to strengthen their knowledge of those general notions may benefit from revising them on any academic textbook of private international law, such as F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Parte generale e obbligazioni, 9th ed, UTET, 2020, chapters I, III, IV.
Teaching methods
The teaching methodology is based on lectures coupled with oral and ppt presentations delivered by students, as well as on case studies and case simulations. The interaction with and among participants will be channelled through the course Ariel website https://fvillatadcia.ariel.ctu.unimi.it/v5/home/Default.aspx.
Teaching Resources
Units 1 and 2:
Frignani-Torsello, Il contratto internazionale, Vol. XII del Trattato di diritto commerciale e di diritto pubblico dell'economia diretto da F. Galgano, II ed., Cedam, 2010, pp. 101-434, 437-512, and 541-676
Moreover, students are required to be cognizant of the rules on jurisdiction provided under the Brussels I-bis Regulation (No 1215/2012), as well as of the conflict-of-laws rules established under the Rome I Regulation (No 593/2008). To strengthen their knowledge in this area, students are encouraged to avail themselves of a comprehensive textbook of private international law, such as F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Parte generale e obbligazioni, 9th ed, UTET, 2017, pp. 67-151 and 323-377.
Frignani-Torsello, Il contratto internazionale, Vol. XII del Trattato di diritto commerciale e di diritto pubblico dell'economia diretto da F. Galgano, II ed., Cedam, 2010, pp. 101-434, 437-512, and 541-676
Moreover, students are required to be cognizant of the rules on jurisdiction provided under the Brussels I-bis Regulation (No 1215/2012), as well as of the conflict-of-laws rules established under the Rome I Regulation (No 593/2008). To strengthen their knowledge in this area, students are encouraged to avail themselves of a comprehensive textbook of private international law, such as F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, Parte generale e obbligazioni, 9th ed, UTET, 2017, pp. 67-151 and 323-377.
Assessment methods and Criteria
Regarding the first two modules (prof. Villata), ATTENDING students will have the opportunity to take two written tests with open-ended questions, respectively at the end of the first and second modules, with the aim of assessing whether the students have acquired ( i) the theoretical knowledge indicated in the program below and (ii) the methodological tools which are functional to the practical application of the notions.
Attending students shall take the oral exam if both written tests are insufficient or if any student decides not to accept the mark obtained in the written tests. Attending students will also have the opportunity to take the exam entirely in oral form.
The active participation of the students (presentation and discussion of cases during classes) will be taken into account, for which the students can achieve up to 2 points for each module. As to the third module (Prof. Frigo), the assessment (also) of the attending students will be provided in oral form according to the calendar of exam sessions. The final grade for the entire exam will be the result of the arithmetic average of 3 modules.
The assessment of the NON-ATTENDING students will be provided through the oral examination, in particular through the questions aiming at verifying the student's capacity to identify the general features of the international contracts covered by the program, to expose the discipline of the international contracts in the light of EU and national sources and to use the theoretical notions in practical contexts. The exam will also focus on the problems relating to jurisdiction and applicable law. In both areas, the students shall demonstrate their knowledge through the solutions to the particular questions offered by the practice, including jurisprudential ones. Similarly, the student's capacity to use the various arbitration tools concerning disputes relating to international commercial relations will be assessed. The final grade for the entire exam will be the result of the arithmetic average of 3 modules.
Attending students shall take the oral exam if both written tests are insufficient or if any student decides not to accept the mark obtained in the written tests. Attending students will also have the opportunity to take the exam entirely in oral form.
The active participation of the students (presentation and discussion of cases during classes) will be taken into account, for which the students can achieve up to 2 points for each module. As to the third module (Prof. Frigo), the assessment (also) of the attending students will be provided in oral form according to the calendar of exam sessions. The final grade for the entire exam will be the result of the arithmetic average of 3 modules.
The assessment of the NON-ATTENDING students will be provided through the oral examination, in particular through the questions aiming at verifying the student's capacity to identify the general features of the international contracts covered by the program, to expose the discipline of the international contracts in the light of EU and national sources and to use the theoretical notions in practical contexts. The exam will also focus on the problems relating to jurisdiction and applicable law. In both areas, the students shall demonstrate their knowledge through the solutions to the particular questions offered by the practice, including jurisprudential ones. Similarly, the student's capacity to use the various arbitration tools concerning disputes relating to international commercial relations will be assessed. The final grade for the entire exam will be the result of the arithmetic average of 3 modules.
Unità didattica 1
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor:
Villata Francesca Clara
Unità didattica 2
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor:
Villata Francesca Clara
Unità didattica 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor:
Frigo Manlio
Educational website(s)
Professor(s)
Reception:
Every Tuesday at 16.30. students can contact prof. Villata by email and arrange a meeting through Microsoft Teams
Room 29, Third Floor, Department of International, Legal, Historical and Political Studies