Corsi di Studio del Dipartimento di Giurisprudenza

International Litigation (M-Z)

International Litigation (M-Z)

Anno accademico 2024/2025

Sommario insegnamento

• Obiettivi formativi
• Risultati dell'apprendimento attesi
• Programma
• Modalità di insegnamento
• Modalità di verifica dell'apprendimento
• Attività di supporto
• Note
• Strumenti didattici
• Scheda del corso

Obiettivi formativi

The course is designed for students with interests in civil and commercial law in a transnational context and covers all major aspects of the conduct of cross-border cases in national courts.

Students will be introduced to the most important issues involved in the resolution of a transnational dispute outside and within the European Judicial Area.

Risultati dell'apprendimento attesi

At the end of the course, students will be able to identify, investigate and resolve conflict-of law-issues arising in transnational commercial disputes; analyse, compare and evaluate the legal rules that a court in Europe /outside Europe will apply to address those issues.
In particular, students must demonstrate their skills in solving civil cases concerning transnational civil procedure.

Programma

1) What is a Cross-Border Dispute in  Civil and Commercial Matters
2) Resolving a Cross-Border Dispute Through Litigation or ADR Mechanisms: Advantages and Disadvantages
3) Cross-Border Litigation Costs
4) International Jurisdiction for Cross-Border Litigation in Civil and Commercial Matters: The Brussels Regime
5) International Jurisdiction for Cross-Border Litigation in Civil and Commercial Matters: The Lugano Regime
6) Choice of Court Agreements Under the Brussels/Lugano Regime and the 2005 Hague Convention
7) Service of Process
8) Taking of Evidence
9) Parallel Proceedings
10) Provisional, Including Protective, Measures
11) Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Comparing the Brussels I Recast Regulation, the 2007 Lugano Convention, and the HCCH 2019 Judgments  Convention

Modalità di insegnamento

The class will meet in presence. Classes take place on Thursdays and Fridays from 4 to 6 p.m.

The approach of teaching will be aimed at stimulating the active participation of students. In particular, students will be encouraged to engage in analysis and solution of practical/cases and to deliver presentations of crucial cases. Students will experience some of the most important steps in cross-border disputes by putting themselves in the shoes of a counsel of one of the parties involved in a transnational litigation.

During the lectures, some topics of special interest are planned to be explored in depth with the involvement of subject matter experts.

Students not able to join classes in presence shall opt for attending the course in self-learning modality ("students not attending classes"). Self-learning material, such as case studies drafted for self-learning and self-assessing tests will be available on Moodle.

Modalità di verifica dell'apprendimento

The final grade (up to 30 points, plus honors) for the course will be calculated as follows:

A) Students attending classes in person:
i) In-class presentations and workshops: up to 15 points, plus honors (i.e., 50% of the final grade);
ii) Written examination in person (a case-study to solve, time allowed 30 min): up to 15 points, plus honors (i.e., 50% of the final grade);*

B) Students attending the course in self-learning modality ("students not attending classes"):
i) Written examination in person (5 multiple choice questions modelled on the self-assessing tests, up to 15 points + a short case-study to solve, up to 15 points, time allowed 35 min): up to 30 points, plus honors (i.e., 100% of the final grade).

* PLEASE NOTE: the written exam must be completed within the academic year in which the partial grade on in-class activities was earned, or it will be lost.

Attività di supporto

Self-learning material and self-assessment tests for students attending virtual classes will be available via Moodle.

Students unable to attend in-person classes ("students not attending classes") can prepare for the exam using a forthcoming Handbook authored by the course lecturers. The Handbook features self-assessment tests and case studies designed for independent study.
Reference can be made to E. D'Alessandro and D. Castagno, Handbook on Cross-Border Litigation, Wolters Kluwer, forthcoming.

Note

PLEASE NOTE (1): Students are kindly requested to register on Moodle by clicking on the button at the bottom of this page.

PLEASE NOTE (2): To be considered an attending student, and thus be admitted to the relevant examination modalities, attendance must be at least 75% of the lectures (i.e., at least 15 lectures out of 20). Attendance will be monitored by the lecturer during the lectures.

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