The course is designed to acquaint students with a comprehensive view of the principles, laws and rules which govern international business and cross-border transactions and the preferred mechanism to settle the disputes arising out of them, i.e. international arbitration, as well as with an introduction to the theory and praxis of written and oral legal advocacy.
The course is designed to acquaint students with a comprehensive view of the principles, laws and rules which govern private international commercial transactions and the principal mechanisms of resolution of disputes arising out of them: cross-border litigation and international commercial arbitration, as well as with an introduction to the theory and praxis of written and oral legal advocacy. The course will be structured into three modules. The module on International Business Law will deal with the origin, development and legal regime of cross-border trade and transactions (sources of law, principal institutions and forums for the harmonization of the law applicable to international business and commercial transactions, comphrensive codification of the law of international sale of goods). It will give an overview of the most basic and common form of international business transaction: the contract of sale of goods and its financing through letters of credits. It will finally focus on the problems of jurisdiction and conflict of laws relating to international contracts disputes under the current European private international law. The module on International Commercial Arbitration will give a brief his-torical overview on how commercial arbitration developed over the centuries outside the state courts' system, with a particular emphasis on the peculiar fea-tures within the different legal traditions (Europe, Latin America, Cina and Japan, India, Australia, Russia ), and will deal with all the main relevant issues of this alternative method of dispute settlement, such as the (form, the law applicable to it, multi-party scenario, pathological clauses); arbitrability; the appointment and challenge of arbitrators; the conduct of the arbitral proceedings (principles and rules governing the procedure, the law applicable to the merits, the process of gathering evidence, interim measures); the award (form and content); setting aside proceedings and recognition and enforcement of the awards. The module on Legal advocacy (coordinated by Avv. Niccolò Landi, LL.M., Esq.) is aimed at providing students with the written and oral skills to present a case in front of an arbitral tribunal in a manner which is clear, well organized, efficient and persuasive. Key advocacy skills include identifying key legal, factual and evidential issues, case analysis, use of skeleton arguments, presenting an effective and coherent opening speech, oral submissions and debate skills, examinations-in-chief and cross-examination, handling evidence and exhibits, questioning witnesses and witnesses' depositions, prepare an effective and coherent closing speech. Throughout the course students will be required to draft legal briefs and memoranda and perform oral pleas before a mock Tribunal.
Prerequisiti e modalità di esame
The exam will consist in an oral colloquium on the topics dealt within the course.
The attendance to the course is compulsory. Moot courts, case studies and seminars will be carried out during the course and will constitute part of the final assessment.
Materiale didattico e bibliografia
Suggested readings: lectures will be based on specific reading materials indicated prior to each lesson, and excerpts from the following reference bibliography:
James Fawcett, Jonathan Harris, and Michael Bridge, International Sale of Goods in the Conflict of Laws, Oxford Private International Law Series, 2005. Schlechtriem & Schwenzer, Commentary on the UN Convention on the International Sale of Goods (CISG), 3rd edition, Oxford University Press, 2010; Blackaby and Partasides, Redfern and Hunter on International Arbitration, 5th edition, Oxford University Press, 2009; Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts, 2nd edition, Oxford University Press, 2004; Dworsky, The Little Book on Oral Argument, Fred B. Rothman & Company, 1991