Corsi di Studio del Dipartimento di Giurisprudenza

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.

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 will apply to address those issues. In particular, students  must demonstrate their skills in solving civil cases concerning Transnational and European civil  procedure.

The class will meet  (as whole or in small groups) once a month via  webex. Times when teaching staff meet with students will be communicated 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.

In addition, Self learning material, such as case studies drafted for self-learning, recorded video lectures and self-assessing tests  will be available via Moodle.

 

The grade for the class will be calculated as follows:

A) Students attending classes

− Class participation (= virtual meetings attendance, virtual meetings participation,  activities in moodle): 50%;

−  Written examination (a case-study to solve. Time allowed: 20 min): 50 %;

 

B) Students not attending classes

- Written examination (5 multiple choice questions plus a case-study to solve. Time allowed: 30 min.): 100 %

 

Self-learning material and self-assessment tests will be available via Moodle

• Advantages and disadvantages of court litigation;
• Jurisdiction of EU national courts (in cross-border cases) including choice of court agreements;
• Forum shopping;
• Service of process abroad;
• Impact of third-party financing on transnational litigation;
• 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.

The access to all learning materials takes place via Moodle.