LEARNING OUTCOMES

The purpose of this course consists in the detailed study of the fundamental issues related to arbitration and mediation proceedings

AIMS AND LEARNING OUTCOMES

The purpose of this course consists in studying the main features of ADR (Alternative Dispute Resolutions) procedures in both domestic and international fields as instruments aimed at resolving disputes alternatively to court proceedings. In particular, the course shall be directed to examining (a) the law of arbitration as laid down by the Italian Civil Procedure Code and other domestic legislations (b) the legislation on civil and commercial mediation, and (c) the legislation in compulsory settlement negotiations with the assistance of lawyers. 

By actively participating in the simulations of an arbitration proceeding and/or mediation proceedings in civil and commercial disputes, the attending students shall have the opportunity of working in groups and discussing with other students, analyzing the legal case to be faced and developing a critical thought with respect to the same case, learning how to present and illustrate, with a synthetic approach, the specific legal and factual arguments in support of their defense theses, develop their creativity and cultural sensitivity.

TEACHING METHODS

Direct lectures and seminars for a total of 36 hours (6 CFU).

Students attending the lectures shall participate in seminars as well as in tutorials on specific issues (for example, corporate arbitration, sports arbitration, arbitration ruled by arbitration chambers, mediation in civil and commercial disputes, compulsory settlement negotiations assisted by lawyers, etc.).

During the course, all attending students may participate either in a mock mediation in civil and commercial disputes and in a mock arbitration. By actively participating in these simulations of an arbitration proceeding and/or mediation proceedings in civil and commercial disputes, the attending students shall have the opportunity of working in groups and discussing with other students, analyzing the legal case to be faced and developing a critical thought with respect to the same case, learning how to present and illustrate, with a synthetic approach, the specific legal and factual arguments in support of their defense theses, develop their creativity and cultural sensitivity.

SYLLABUS/CONTENT

The subject of this course shall be directed to studying arbitration, mediation, compulsory settlement negotiations with the assistance of lawyers and more generally the main features of ADR (Alternative Dispute Resolutions) procedures.

In particular, in its first part, lessons shall be devoted to the examination of the various categories of arbitration and the distinction between arbitration and other instruments ad finiendas lites (for example, "arbitraggio" and contractual expertise; conciliation, mediation and A.D.R. – Alternative Dispute Resolutions; arbitration"rituale" or "irrituale"; ad hoc or institutional arbitration; civil or commercial arbitration; domestic, foreign or international arbitration; compulsory arbitration). In this regard, shall also be considered the sources of the legislation on arbitration: the Italian Civil Procedure Code (articles 806 to 840) and other regulations; the international Conventions in the matter of Arbitration (New York Convention of 1958 on the recognition and enforcement of foreign awards, Geneva Convention of 1961 on the International Commercial Arbitration, Washington Convention of 1965 on the resolution of investments disputes between States and citizens of other States); the Rules of Arbitration Chambers or Institutions.

The second part of this course shall be directed to analyzing arbitration law as laid down either in articles 806 to 840 of Civil Procedure Code and in other regulations, like arbitration in corporate disputes (articles 34 to 37 of legislative decree 17 January 2003 no. 5). In particular, the following issues shall be studied: arbitration agreements; the arbitrators: their role; appointment; duties, rights and liabilities; arbitration proceedings; the award and its appeals; etc.

The final part of this course shall be devoted to the study either of the general legislation on mediation on civil and commercial disputes provided by legislative decree 4 March 2010 no. 28, and of the legislation on compulsory settlement negotiations with the assistance of lawyers enforced by decree no. 132/2014 and other particular instruments of mediation, and, more generally, of the A.D.R. – Alternative Dispute Resolutions as instruments aimed at resolving disputes alternatively to court proceedings in both domestic or international fields.

RECOMMENDED READING/BIBLIOGRAPHY

For the students attending the lectures
- LA CHINA, L'arbitrato. Il sistema e l'esperienza, IVª ed., Giuffrè, Milano, 2011, pagg. 1 a 341.

- AA. VV., La nuova mediazione civile e commerciale, a cura di Tomaso Galletto, Aracne, 2014, pagg. 13 a 286.

Other books and/or articles may be recommended by the teacher during the course.

For the studends not attending the lectures
- LA CHINA, L'arbitrato. Il sistema e l'esperienza, IVª ed., Giuffrè, Milano, 2011, pagg. 1 a 341.

- AA. VV., La nuova mediazione civile e commerciale, a cura di Tomaso Galletto, Aracne, 2014, pagg. 13 a 293.

Other books and/or articles may be recommended by the teacher during the lectures.