Transnational Commercial Litigation

Aims of the course
· Acquiring knowledge of the principles, rules and praxis governing transnational litigation in civil and commercial matters
· Developing the skills to apply the acquired knowledge to civil and commercial disputes deferred to domestic and international courts and tribunals
· Making autonomous judgments on legal issues related to transnational commercial litigation, in general and in respect of special fields (cross-border financial, competition, IP and labour law disputes)
· Acquiring basic knowledge of the principal tools of written and oral legal advocacy, including the ability to convincingly argue a case, to draft a legal memorandum, to plead in front of a court

The course aims to provide students with an overview of the principles, rules and practices governing transnational litigation in civil and commercial matters and covers, in addition to some general fundamental issues - such as access to justice, the fundamental procedural rights in the light of the jurisprudence of the ECHR and the CJEU, the determination and conflicts of jurisdiction, the applicable law, the cross-border taking of evidence, provisional measures in cross-border disputes, the recognition of foreign judgments - some specificities of cross-border litigation in relation to some substantial sectors, such as cross-border disputes in financial matters, IP law, labour law, climate disputes. A specific in-depth analysis will be dedicated to the mechanism of class action / collective redress, with particular attention to their use in cross-border disputes.

At the end of the course, students will have advanced knowledge of the following topics:

- Fundamental characteristics of transnational civil and commercial litigation
- Role and relevance of fundamental procedural rights in the light of the ECHR and CJEU jurisprudence
- Theoretical and practical problems in applying "domestic" notions and concepts (such as res judicata, time bar imitations, the notion of public order...) to transnational disputes
- Theoretical and practical problems arising out of the coordination and conflicts between adjudicatory bodies of different nature

They will acquire a study and work method in relation to:

- legal thinking in a critical manner
- analysis of the jurisprudence
- solving complex legal problems through practical sessions of case analysis, thesis presentation, class discussions and simulation
- written and oral legal advocacy