OVERVIEW

The course aims to provide students with an in-depth understanding of domestic arbitration as a private alternative dispute resolution mechanism. The course will examine the theoretical foundations and the legal framework governing both ritual and non-ritual arbitration, focusing on the relationship between arbitration and state courts, arbitration agreements, the appointment and powers of arbitrators, as well as arbitral proceedings and the challenge of arbitral awards.

AIMS AND CONTENT

LEARNING OUTCOMES

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

AIMS AND LEARNING OUTCOMES

Individual study, attendance, and participation in the proposed educational activities (in particular, simulations of arbitral proceedings) will enable students to:

• Understand and recall, in general terms, the main legal provisions governing arbitration at both the national and international levels;
• Understand and recall, in particular, the sources of arbitration law: the Italian Code of Civil Procedure (Articles 806 to 840) and special legislation on arbitration; the main international conventions on arbitration (the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the 1961 Geneva Convention on International Commercial Arbitration, and the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States); as well as the rules of arbitral institutions;
• Analyse and understand the structure and functioning of arbitration proceedings;
• Assess and apply, in concrete cases, both ritual and non-ritual arbitration procedures;
• Express themselves using appropriate technical legal language.

PREREQUISITES

Students are expected to possess prior knowledge of civil procedural law, particularly with regard to the general provisions of the Italian Code of Civil Procedure (Books I and II).

TEACHING METHODS

The course consists of lectures and advanced seminars for a total of 36 hours (equivalent to 6 ECTS credits), during which examples and practical case studies will also be presented and discussed.

For attending students, additional advanced seminars and practical exercises on specific topics will be organised.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs and having complied with Unige procedures (described here) who need compensatory measures to prepare the exams or during the exams are invited to contact the teacher at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles. For requesting Unige services for students with disabilities and other information, please visit https://giurisprudenza.unige.it/serv_disabili. For further information, please visit https://unige.it/disabilita-dsa and contact the Department's disability liaison officer (isa.fanlo@unige.it).

SYLLABUS/CONTENT

The course will focus on the study of arbitration as both a legal and practical phenomenon. In particular, the various forms of arbitration will be examined from both a functional and structural perspective, as well as their distinction from other dispute-settlement mechanisms (negozi ad finiendas lites), such as expert determination and contractual appraisal; ritual and non-ritual arbitration; arbitration according to law and ex aequo et bono arbitration; ad hoc and institutional arbitration; domestic, international and foreign arbitration; and mandatory arbitration.

Within this framework, the course will also analyse the sources of arbitration law: the Italian Code of Civil Procedure (Articles 806 to 840) and special legislation concerning arbitration; the main international conventions on arbitration (the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the 1961 Geneva Convention on International Commercial Arbitration, and the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States); as well as the rules of arbitral institutions.

The second part of the course will consist of an in-depth analysis of the legal framework set forth in Articles 806 to 840 of the Italian Code of Civil Procedure and in special arbitration legislation. In particular, the course will address arbitrable disputes and arbitration agreements, including their different types, form requirements, capacity to enter into arbitration agreements, content, interpretation, and effectiveness.

The course will also examine arbitrators and their duty of independence and impartiality, including requirements of eligibility, appointment and acceptance, challenge and replacement procedures, as well as their rights, duties, and liability.

Particular attention will be devoted to arbitral proceedings, including the request for arbitration, the seat of arbitration, the taking of evidence in arbitration, the powers of arbitrators, incidental issues, and joinder of parties.

The relationship between arbitration and ordinary court proceedings will also be analysed, with particular focus on the plea of arbitration agreement (exceptio compromissi).

Further topics will include arbitral awards — final, partial, and interim awards — time limits for rendering the award, deliberation, legal effects, and enforceability. The course will also examine challenges to arbitral awards, including actions for annulment, revocation, and third-party opposition.

Finally, the course will address the recognition and enforcement of foreign arbitral awards, as well as corporate arbitration 

RECOMMENDED READING/BIBLIOGRAPHY

Attending students

At the beginning of the course, the portions of the textbook that may be replaced by lecture notes will be agreed upon with the instructors.

Textbooks and reading materials for attending and non-attending students

G. Zucconi Galli Fonseca, Lezioni di diritto dell’arbitrato, Bologna, Bononia University Press, latest edition. The textbook is available free of charge in open access at the following link: Bononia University Press and is also available in printed format..

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

Second semester

Class schedule

LAW OF ARBITRATION

EXAMS

EXAM DESCRIPTION

Oral examination

ASSESSMENT METHODS

The oral examination is aimed at assessing the student’s actual knowledge of the theoretical principles and legal framework governing arbitration, as well as the ability to apply the relevant rules to practical cases and operational issues.

In particular, the examination seeks to verify whether the student is able to:

• identify and define the main legal concepts relating to arbitration, using appropriate technical legal terminology;
• distinguish and understand the different forms of arbitration and other alternative dispute resolution mechanisms;
• understand the structure and functioning of arbitral proceedings in their various stages;
• demonstrate knowledge of arbitration agreements, the powers of arbitrators, and the taking of evidence in arbitration;
• understand the relationship between arbitration and state court proceedings;
• distinguish and understand the structure, effects, and means of challenge of arbitral awards, as well as the principles governing the recognition and enforcement of foreign arbitral awards.

FURTHER INFORMATION

For further information not included in these panels, please contact the teacher.