Anno accademico 2022/2023
- Codice attività didattica
- Prof.ssa Elena D'alessandro (Titolare del corso)
- Corso di studio
- Laurea in Global Law and Transnational Studies - a Torino (D.M. 270/2004) [0707L31]
- 3° anno
- Primo semestre
- SSD attività didattica
- IUS/15 - diritto processuale civile
- Tipologia esame
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; analyze, 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.
- Advantages and disadvantages of court litigation;
- Jurisdiction of EU national courts (in cross-border cases) including choice of court agreements/Forum shopping;
- Private financing of litigation (contingency fees; third party funding; litigation crowfunding)
- Service of process abroad;
- Obtaining evidence abroad (outside and within the EU);
- Actual or potential relationship with other legal proceedings in the same or similar claim (e. g. forum non conveniens, anti-suit injunctions, lis alibi pendens);
- Transnational provisional relief;
- Recognition and enforcement of foreign countries judgments.
Modalità di insegnamento
The class will meet in presence (NO STREAMING ON WEBEX). Timetable will be communicated via Moodle. Students are kindly requested to entroll themselves on Moodle.
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.
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 grade for the class will be calculated as follows:
A) Students attending classes in person
− Class participation: 50%;
− Written examination in person (a case-study to solve. Time allowed: 30 min): 50 %;
B) Students attending the course in self-learning modality ("students not attending classes")
- Written examination - in person - (5 multiple choice questions - modelled on the self-assessing tests- plus a short case-study to solve. Time allowed: 35 min.): 100 %
WHEN REGISTERING ONLINE FOR THE EXAM, STUDENTS ARE REQUIRED TO SPECIFY (fill in the "note") WHETHER THEY WILL GIVE THE EXAM "IN PERSON" OR "VIRTUALLY" (only for medical reasons)
Attività di supporto
Self-learning material and self-assessment tests for students attending virtual classes will be available via Moodle
Testi consigliati e bibliografia