Multilevel, Multiparty and Multisector Cross-Border Litigation in Europe
A.Y. 2022/2023
Learning objectives
Aims of the course
· Acquiring knowledge of the principles, rules and praxis governing cross-border litigation in civil and commercial matters in Europe, with a particular focus on the relationships between national courts and European Courts, on multiparty disputes brought through the collective redress mechanism and on the main procedural issues related to cross-border litigation in different strategic sectors (financial law disputes; IP law disputes; labour law disputes; environmentale litigation)
· Acquiring knowledge on the main legal sources governing cross-border litigation in Europe (national laws; European Regulations; international treaties and conventions; the case law of the European Court of Human Rights and the Court of Justice of the European Union) and on their relations and coordination, highlighting all the European implications of civil and commercial litigation before domestic courts, in terms of the impact of EU legislation on the main steps of judicial proceedings, the role and effect of the CJEU's and the ECtHR's case law, the relationship between the latter European courts and national courts, the cooperation among different EU courts.
· Acquiring knowledge on the functioning of the European Court of Human Rights and the Court of Justice of the European Union and on the importance of fundamental procedural rights in cross-border litigation in Europe, as defined by European regulations and international treaties, as well as by the case law of the ECtHR and the CJEU)
· Making autonomous judgments on legal issues related to cross-border litigation and solving complex legal problems by applying the different sources to practical cases; developing legal arguments, in general and in respect of special fields (cross-border financial, competition, IP and labour law disputes)
· In general, acquiring a particular EU angle and perpsective of the field of civil and commercial litigation, which in Italian universities is mostly studied and taught from a purely domestic perspective. However, civil litigation in a cross-border dimension presents greater complexity than domestic litigaton, due to differences in legal traditions and regimes, as well as in cultural and social values among jurisdictions. A recent EU Study (JUST/2014/RCON/PR/CIVI/0082) shows that M.S.'s procedural law regimes are still far from being harmonized, what negatively impacts on free circulation of judgments, equivalence and effectiveness of procedural protection and the functioning of the internal market.
· Acquiring knowledge of the principles, rules and praxis governing cross-border litigation in civil and commercial matters in Europe, with a particular focus on the relationships between national courts and European Courts, on multiparty disputes brought through the collective redress mechanism and on the main procedural issues related to cross-border litigation in different strategic sectors (financial law disputes; IP law disputes; labour law disputes; environmentale litigation)
· Acquiring knowledge on the main legal sources governing cross-border litigation in Europe (national laws; European Regulations; international treaties and conventions; the case law of the European Court of Human Rights and the Court of Justice of the European Union) and on their relations and coordination, highlighting all the European implications of civil and commercial litigation before domestic courts, in terms of the impact of EU legislation on the main steps of judicial proceedings, the role and effect of the CJEU's and the ECtHR's case law, the relationship between the latter European courts and national courts, the cooperation among different EU courts.
· Acquiring knowledge on the functioning of the European Court of Human Rights and the Court of Justice of the European Union and on the importance of fundamental procedural rights in cross-border litigation in Europe, as defined by European regulations and international treaties, as well as by the case law of the ECtHR and the CJEU)
· Making autonomous judgments on legal issues related to cross-border litigation and solving complex legal problems by applying the different sources to practical cases; developing legal arguments, in general and in respect of special fields (cross-border financial, competition, IP and labour law disputes)
· In general, acquiring a particular EU angle and perpsective of the field of civil and commercial litigation, which in Italian universities is mostly studied and taught from a purely domestic perspective. However, civil litigation in a cross-border dimension presents greater complexity than domestic litigaton, due to differences in legal traditions and regimes, as well as in cultural and social values among jurisdictions. A recent EU Study (JUST/2014/RCON/PR/CIVI/0082) shows that M.S.'s procedural law regimes are still far from being harmonized, what negatively impacts on free circulation of judgments, equivalence and effectiveness of procedural protection and the functioning of the internal market.
Expected learning outcomes
At the end of the course, students will have an advanced knowledge of:
- fundamental features of litigating and arbitrating cross-border civil and commercial disputes in Europe;
- a peculiar EU's angle into a legal field (civil litigation) usually dealt with only from a national perspective;
- fundamental Procedural Rights in light of the ECHR and CJEU case law;
- theoretical and practical problems arising out of the overlap and possible clashes between adjudicatory bodies of different character (judicial courts, arbitral tribunals, supranational courts based on international treaties or conventions);
- an overall picture of the collective redress mechanisms, from a comparative, European and transnational perspective. A mechanism which, in the globalized world, will become more and more relevant to protect different types of collective rights (healts, economic assets, environment, consumers' protection, IP rights );
- fields which are of strategic importance and very relevant for their future career in law (especially in international and multicultural environments, such as: international law firms, international organizations, European institutions, international courts and tribunals, arbitral institutions, foreign universities and research centers), thus enhancing their level of employability; indeed, the future of legal profession is undisputably international. This follows from the steady globalization of economies, the integration of legal systems and the enhanced people, workers and professionals' mobility across Europe. Therefore, lawyers and judges involved in civil litigation will increasingly need to be familiar, knowledgeable and expert in the theoretical and practical aspects of cross-border litigation in Europe;
- the basic principles and rules of of written and oral legal advocacy (in Englsih), including the ability to organize and present legal arguments in a clear, fluid and convincing manner the ability to draft legal memorials or memorandum both for claimants and respondents the ability to plead orally in front of a court or a tribunal;
- a multidisciplinary approach whereby to deal with the field of cross-border litigation, on one hand, due to wide range of topics covered by the course, which transcend international civil procedure (the teaching staff's main area of expertise) and encompass European Union Law, International Law, Private Internatioanl Law, Constitutional Law, as well as Financial, IP, Labour and Family Law); on the other hand, due to the involvement in the teaching staff - in the academic course and in the events which will be annually organized within the Jean Monnet Module 2020-2023 - of academic and legal professionals from different jurisdictions, with different legal background and with different legal expertise; finally, due to the fact that the course will be addressed no only to Italian and foreign students (undergraduate, Ph.D/LL.M. candidates) enrolled at Università degli Studi, Milan, but also to Italian and foreign legal professionals (lawyers, judges, notaries);
- the actual functioning of leading European Institutions (the European Court of Human Rights; the Court of Justice of the European Union; Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law), thanks to a series of study-visits organized annually after the course (i.e. in the Fall semester).
In addition, the Host Institution of the Jean Monnet Module on Multilevel, Multiparty and Multisector Cross-Border Litigation in Europe (i.e. Università degli Studi di Milano) will broaden its range of academic courses on EU related studies, thus enhancing its international reputation and attractivity. At European level, the project might convince many foreign students to enroll for a semester in our Law.
As the Module's activities will also be implemented within the framework of the Centre of Research EUTraDis (https://sites.unimi.it/translitigation/), there will be room for developing relations with similar Centres or Institutes in other jurisdictions, both in the EU and outside the EU, raising interest in foreign colleagues to contact us for developing joint research projects and other forms of cooperation.
The Jean Monnet Module's outputs might be a valuable tool for Italian and EU Institutions' policy-makers.
At local (Milan), national (Italy) and European level, the Module's activities will provide lawyers and judges, still unfamiliar with cross-border litigation, with a valuable tool for coping with it in their profession.
- fundamental features of litigating and arbitrating cross-border civil and commercial disputes in Europe;
- a peculiar EU's angle into a legal field (civil litigation) usually dealt with only from a national perspective;
- fundamental Procedural Rights in light of the ECHR and CJEU case law;
- theoretical and practical problems arising out of the overlap and possible clashes between adjudicatory bodies of different character (judicial courts, arbitral tribunals, supranational courts based on international treaties or conventions);
- an overall picture of the collective redress mechanisms, from a comparative, European and transnational perspective. A mechanism which, in the globalized world, will become more and more relevant to protect different types of collective rights (healts, economic assets, environment, consumers' protection, IP rights );
- fields which are of strategic importance and very relevant for their future career in law (especially in international and multicultural environments, such as: international law firms, international organizations, European institutions, international courts and tribunals, arbitral institutions, foreign universities and research centers), thus enhancing their level of employability; indeed, the future of legal profession is undisputably international. This follows from the steady globalization of economies, the integration of legal systems and the enhanced people, workers and professionals' mobility across Europe. Therefore, lawyers and judges involved in civil litigation will increasingly need to be familiar, knowledgeable and expert in the theoretical and practical aspects of cross-border litigation in Europe;
- the basic principles and rules of of written and oral legal advocacy (in Englsih), including the ability to organize and present legal arguments in a clear, fluid and convincing manner the ability to draft legal memorials or memorandum both for claimants and respondents the ability to plead orally in front of a court or a tribunal;
- a multidisciplinary approach whereby to deal with the field of cross-border litigation, on one hand, due to wide range of topics covered by the course, which transcend international civil procedure (the teaching staff's main area of expertise) and encompass European Union Law, International Law, Private Internatioanl Law, Constitutional Law, as well as Financial, IP, Labour and Family Law); on the other hand, due to the involvement in the teaching staff - in the academic course and in the events which will be annually organized within the Jean Monnet Module 2020-2023 - of academic and legal professionals from different jurisdictions, with different legal background and with different legal expertise; finally, due to the fact that the course will be addressed no only to Italian and foreign students (undergraduate, Ph.D/LL.M. candidates) enrolled at Università degli Studi, Milan, but also to Italian and foreign legal professionals (lawyers, judges, notaries);
- the actual functioning of leading European Institutions (the European Court of Human Rights; the Court of Justice of the European Union; Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law), thanks to a series of study-visits organized annually after the course (i.e. in the Fall semester).
In addition, the Host Institution of the Jean Monnet Module on Multilevel, Multiparty and Multisector Cross-Border Litigation in Europe (i.e. Università degli Studi di Milano) will broaden its range of academic courses on EU related studies, thus enhancing its international reputation and attractivity. At European level, the project might convince many foreign students to enroll for a semester in our Law.
As the Module's activities will also be implemented within the framework of the Centre of Research EUTraDis (https://sites.unimi.it/translitigation/), there will be room for developing relations with similar Centres or Institutes in other jurisdictions, both in the EU and outside the EU, raising interest in foreign colleagues to contact us for developing joint research projects and other forms of cooperation.
The Jean Monnet Module's outputs might be a valuable tool for Italian and EU Institutions' policy-makers.
At local (Milan), national (Italy) and European level, the Module's activities will provide lawyers and judges, still unfamiliar with cross-border litigation, with a valuable tool for coping with it in their profession.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
The academic course on "Multilevel, Multiparty and Multisector Cross-Border Litigation in Europe" is only one of the activities that will be implemented every year in the period 2020-2023 within the a Jean Monnet Module, funded by the European Union, which include conferences, round-table debates, workshops and study visits, in addition to several academic and scientific outputs (i.e. publications).
The course is articulated in 4 modules, each composed of a series of lectures given by Italian and foreign eminent experts of the field.
PART I
The Dialogue between European and National Courts
Topics
Preliminary Ruling Procedure under Art. 267 TFEU, between fostering EU integration process, protecting national autonomy and balancing conflicting needs?
Individual Application to the ECHR and the implementation of the European Convention on Human Rights at national level
The dialogue between the European Court of Human Rights and national courts in light of the new advisory jurisdiction under Protocol No. 16
Access to justice in cross-border litigation and the role of third-party funding
Cross-border service of documents and access to justice in cross-border litigation in Europe
Fundamental procedural rights in light of the recent ECHR's case law on Art. 6 of the European Convention on Human Rights
The right to strike and the principle of non-discrimination as fundamental rights in the dialogue between European and national courts
Fundamental Procedural Rights in Cross-Border Litigation, in light of the recent CJEU's case law
Relationships and conflicts between national courts and private commercial tribunals under EU law.
Relationships and conflicts between intra-EU investment arbitration and EU law
Speakers
Alan Uzelac - Full Professor of Civil Procedure, University of Zagreb
Albert Henke - Aggregate Professor of Transnational Commercial Litigation & Int'l Commercial and Investment Arbitration, Università degli Studi, Milan
Dr. Apostolos Anthimos, Lecturer of Civil Procedure - European University, Cyprus
Barbara Randazzo - Full Professor of Public Law, Università degli Studi, Milan
Prof. Maria Teresa Carinci - Full Professor of Labour Law, Università degli Studi, Milan
Prof. Francesca Marinelli - Associate Professor of Labour Law Università degli Studi, Milan
Pietro Ortolani - Full Professor of Digital Conflict Resolution, Radboud University, Nijmegen
PART II
Multiparty Cross-Border Litigation in Europe
Topics
Collective redress mechanisms - PART I - A comparative perspective
Collective redress mechanisms - PART II - A European perspective
Collective redress mechanisms - PART III - Collective redress mechanisms in a cross-border dimension (Bruxelles I bis Regulation v. 2019 Hague Convention on enforcement of foreign judgments)
Collective redress mechanisms - PART IV - Cross-border collective redress in labour law disputes
Collective redress mechanisms - PART V - Cross-border collective redress in consumer law disputes and in environmental litigation
Choice of courts, lis pendens and related actions in the Bruxelles I bis Regulation. Latest developments
Speakers
Stefaan Voet - Associate Professor of Civil Procedure, KU Leuven / Alan Uzelac
Fernando Gascón Inchausti - Full Professor (Catedrático ) of Civil Procedure, Universidad Complutense de Madrid
Albert Henke - Aggregate Professor of Transnational Commercial Litigation & Int'l Commercial and Investment Arbitration, Università degli Studi, Milan
Prof. Maria Teresa Carinci - Full Professor of Labour Law, Università degli Studi, Milan
Prof. Francesca Marinelli - Associate Professor of Labour Law Università degli Studi, Milan
Marcello Stella - Associate Professor of Civil Procedure, Università degli Studi di Napoli Federico II
PART III
Workshops on Written and Oral Legal Advocacy in Cross-Border Litigation
Topics
Theroretical Hints on Written and Oral Legal Advocacy
Practical Session on Written and Oral Legal Advocacy
This workshop is aimed at providing the course' participants with the basic tools and skills of written and oral legal advocacy, in view of drafting convincing legal briefs, memoranda and submissions in a multiplicity of legal scenarios (ordinary court proceedings, commercial arbitration proceedings, investment arbitration proceedings, applications for preliminary ruling before the CJEU, individual application before the EctHR, proceedings before the CJEU and the EctHR ) and of presenting them orally before a court or a tribunal.
Written advocacy skills and abilities are of the utmost importance for succesfull lawyers, especially for those involved in a cross-border litigation and arbitration setting. Indeed, writing well is a powerful tool in the practice of law, while written work that is dense, impenetrable, lacking cohesion or badly structured will be counter productive and will negatively impact on the reader, thus endangering the chance of winning a case. In turn, oral legal advocacy skills are of the utmost importance for lawyers who intend to specialize in international litigation and arbitration, as they will be necessarily requested to plead in front of a plurality of courts or tribunals (int'l commercial arbitration tribunals; int'l investment arbitration tribunals; European courts such as the ECtHR and the CJEU.
In particular, the following abilities and techniques will be taught and trained:
· Identifying and framing, in each legal dispute, the key legal, factual and evidential issues
· Carrying out legal research, availing of paper and electronic legal sources and databases
· Utilization of skeleton arguments and the architecture of writing
· Presenting a legal argument in a manner which is clear, well organized, fluent, effective and persuasive. Teaching the CRUPAC [i.e. Conclusion - Rule - Proof - Application - Conclusion's restatement] structure
· Drafting ability (adopting the proper drafting style, with particular attention devoted to simplification, visualization, selection of adjectives and adverbs )
· Method of quoting literature and case law
· Formulating requests for relief consistent with the arguments set out in the brief
· How to draft a pleading for an oral hearing in front of any adjudicatory panel (court judges, arbitration tribunals, mediators, different types of evaluation commissions ): organizing the arguments, working on opening and closing statements, preparing effective roadmaps and requests for relief
· Improving debating skills (eye contacts, tone of voice, posture, rhythm)
· Developing self-confidence in answering forseeable and unforseeable questions from tribunals without hesitation or uncertainties
· Making examinations-in-chief and cross-examination, as well as handling evidence and exhibits
· Questioning question witnesses and witnesses' depositions
Speaker
Albert Henke - Aggregate Professor of Transnational Commercial Litigation & Int'l Commercial and Investment Arbitration, Università degli Studi, Milan
PART IV
Multisector Cross-Border Litigation in Europe
Topics
Arbitrating Cross-border Financial Disputes in Europe
Litigating Cross-border IP Disputes in Europe - PART I - General Overview
Litigating Cross-border IP Disputes in Europe - PART II - The Unified Patent Court
Arbitrating Cross-border IP Disputes in Europe
Outstanding issues of applicable law and determination of jurisdiction in employment disputes via the web
Settlement of cross-border family law dispute in Europe
Judicial cooperation in civil matters in after Brexit. The European Perepsective
Speakers
Diego P. Fernández Arroyo - Professor of Transnational Litigation and Arbitration - Sciences Po Law School, Paris
Prof. Gilles Cuniberti - Professor of Transnational Litigation and Arbitration, Private International Law, University of Luxembourg
Erik Wilbers - Senior Director - WIPO Arbitration and Mediation Center
Prof. Maria Teresa Carinci - Full Professor of Labour Law, Università degli Studi, Milan
Prof. Francesca Marinelli - Associate Professor of Labour Law Università degli Studi, Milan
Dr. Apostolos Anthimos, Lecturer of Civil Procedure - European University, Cyprus
There will be a "red thread" which links all the activities to be carried out during the Jean Monnet Module's lifetime. All the planned activities (deliverables; research; events, such as conferences, round-table debates, workshops) will mirror the structure of the course articulated in 4 modules, and will shed light on the topics dealt with during the latter, i.e. the conferences, the roundtable debates and the workshops organized throughout the three-years long period of the Module, and the planned publications by the teaching staff, will cover in a broader perspective and in a greater detail the same topics dealt with during the academic course.
For example, during the first year a Conference on "Access to justice in multilevel cross-border disputes" will be organized, which will cover some of the topics dealt with in the First Part of the academic course (such as ; the dialogue between European courts and national judges; fundamental procedural rights in cross-border litigation in Europe; third-party funding in cross-border litigation ).
The same can be said, for eample, for the planned publications during the project's life, which resume most of the topics already dealt with during the academic course (see for example the planned publications on "Litigating Cross-border IP Disputes in Europe. The Unified Patent Court" or "Third-party funding in international commercial and investment arbitration. Parties' arrangements and procedural issues": topics already dealt with within the academic course and also addressed by conferences and roundtable debates).
As a matter of principle, the idea underlying the entire Module is to address the same topic from different perspectives: in the course, by providing an overview of its main features and characteristics; in the events (conferences, seminars, roundtable debates), by discussing it with a multidisciplinary specialized audience (academics, professionals, industry's experts); in the planned publications, by attempting a more solid scientific reconstruction of it, analysing all its procedural implications.
Events scheduled for the first year of the Jean Monnet Module, i.e. 2021
July 2021 - Conference on "Access to justice in multilevel cross-border disputes in Europe"
October 2021 - Round Table Debate on "Public v. Private Enforcement of Competition Law in Europe"
October 2021 - Two-days study visit at the Court of Justice of the European Union and at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Within the 40-hours academic course (2nd semester a.a. 2020-2021) - Workshop on "Theoretical and Practical Hints on Written and Oral Legal Advocacy"
The course is articulated in 4 modules, each composed of a series of lectures given by Italian and foreign eminent experts of the field.
PART I
The Dialogue between European and National Courts
Topics
Preliminary Ruling Procedure under Art. 267 TFEU, between fostering EU integration process, protecting national autonomy and balancing conflicting needs?
Individual Application to the ECHR and the implementation of the European Convention on Human Rights at national level
The dialogue between the European Court of Human Rights and national courts in light of the new advisory jurisdiction under Protocol No. 16
Access to justice in cross-border litigation and the role of third-party funding
Cross-border service of documents and access to justice in cross-border litigation in Europe
Fundamental procedural rights in light of the recent ECHR's case law on Art. 6 of the European Convention on Human Rights
The right to strike and the principle of non-discrimination as fundamental rights in the dialogue between European and national courts
Fundamental Procedural Rights in Cross-Border Litigation, in light of the recent CJEU's case law
Relationships and conflicts between national courts and private commercial tribunals under EU law.
Relationships and conflicts between intra-EU investment arbitration and EU law
Speakers
Alan Uzelac - Full Professor of Civil Procedure, University of Zagreb
Albert Henke - Aggregate Professor of Transnational Commercial Litigation & Int'l Commercial and Investment Arbitration, Università degli Studi, Milan
Dr. Apostolos Anthimos, Lecturer of Civil Procedure - European University, Cyprus
Barbara Randazzo - Full Professor of Public Law, Università degli Studi, Milan
Prof. Maria Teresa Carinci - Full Professor of Labour Law, Università degli Studi, Milan
Prof. Francesca Marinelli - Associate Professor of Labour Law Università degli Studi, Milan
Pietro Ortolani - Full Professor of Digital Conflict Resolution, Radboud University, Nijmegen
PART II
Multiparty Cross-Border Litigation in Europe
Topics
Collective redress mechanisms - PART I - A comparative perspective
Collective redress mechanisms - PART II - A European perspective
Collective redress mechanisms - PART III - Collective redress mechanisms in a cross-border dimension (Bruxelles I bis Regulation v. 2019 Hague Convention on enforcement of foreign judgments)
Collective redress mechanisms - PART IV - Cross-border collective redress in labour law disputes
Collective redress mechanisms - PART V - Cross-border collective redress in consumer law disputes and in environmental litigation
Choice of courts, lis pendens and related actions in the Bruxelles I bis Regulation. Latest developments
Speakers
Stefaan Voet - Associate Professor of Civil Procedure, KU Leuven / Alan Uzelac
Fernando Gascón Inchausti - Full Professor (Catedrático ) of Civil Procedure, Universidad Complutense de Madrid
Albert Henke - Aggregate Professor of Transnational Commercial Litigation & Int'l Commercial and Investment Arbitration, Università degli Studi, Milan
Prof. Maria Teresa Carinci - Full Professor of Labour Law, Università degli Studi, Milan
Prof. Francesca Marinelli - Associate Professor of Labour Law Università degli Studi, Milan
Marcello Stella - Associate Professor of Civil Procedure, Università degli Studi di Napoli Federico II
PART III
Workshops on Written and Oral Legal Advocacy in Cross-Border Litigation
Topics
Theroretical Hints on Written and Oral Legal Advocacy
Practical Session on Written and Oral Legal Advocacy
This workshop is aimed at providing the course' participants with the basic tools and skills of written and oral legal advocacy, in view of drafting convincing legal briefs, memoranda and submissions in a multiplicity of legal scenarios (ordinary court proceedings, commercial arbitration proceedings, investment arbitration proceedings, applications for preliminary ruling before the CJEU, individual application before the EctHR, proceedings before the CJEU and the EctHR ) and of presenting them orally before a court or a tribunal.
Written advocacy skills and abilities are of the utmost importance for succesfull lawyers, especially for those involved in a cross-border litigation and arbitration setting. Indeed, writing well is a powerful tool in the practice of law, while written work that is dense, impenetrable, lacking cohesion or badly structured will be counter productive and will negatively impact on the reader, thus endangering the chance of winning a case. In turn, oral legal advocacy skills are of the utmost importance for lawyers who intend to specialize in international litigation and arbitration, as they will be necessarily requested to plead in front of a plurality of courts or tribunals (int'l commercial arbitration tribunals; int'l investment arbitration tribunals; European courts such as the ECtHR and the CJEU.
In particular, the following abilities and techniques will be taught and trained:
· Identifying and framing, in each legal dispute, the key legal, factual and evidential issues
· Carrying out legal research, availing of paper and electronic legal sources and databases
· Utilization of skeleton arguments and the architecture of writing
· Presenting a legal argument in a manner which is clear, well organized, fluent, effective and persuasive. Teaching the CRUPAC [i.e. Conclusion - Rule - Proof - Application - Conclusion's restatement] structure
· Drafting ability (adopting the proper drafting style, with particular attention devoted to simplification, visualization, selection of adjectives and adverbs )
· Method of quoting literature and case law
· Formulating requests for relief consistent with the arguments set out in the brief
· How to draft a pleading for an oral hearing in front of any adjudicatory panel (court judges, arbitration tribunals, mediators, different types of evaluation commissions ): organizing the arguments, working on opening and closing statements, preparing effective roadmaps and requests for relief
· Improving debating skills (eye contacts, tone of voice, posture, rhythm)
· Developing self-confidence in answering forseeable and unforseeable questions from tribunals without hesitation or uncertainties
· Making examinations-in-chief and cross-examination, as well as handling evidence and exhibits
· Questioning question witnesses and witnesses' depositions
Speaker
Albert Henke - Aggregate Professor of Transnational Commercial Litigation & Int'l Commercial and Investment Arbitration, Università degli Studi, Milan
PART IV
Multisector Cross-Border Litigation in Europe
Topics
Arbitrating Cross-border Financial Disputes in Europe
Litigating Cross-border IP Disputes in Europe - PART I - General Overview
Litigating Cross-border IP Disputes in Europe - PART II - The Unified Patent Court
Arbitrating Cross-border IP Disputes in Europe
Outstanding issues of applicable law and determination of jurisdiction in employment disputes via the web
Settlement of cross-border family law dispute in Europe
Judicial cooperation in civil matters in after Brexit. The European Perepsective
Speakers
Diego P. Fernández Arroyo - Professor of Transnational Litigation and Arbitration - Sciences Po Law School, Paris
Prof. Gilles Cuniberti - Professor of Transnational Litigation and Arbitration, Private International Law, University of Luxembourg
Erik Wilbers - Senior Director - WIPO Arbitration and Mediation Center
Prof. Maria Teresa Carinci - Full Professor of Labour Law, Università degli Studi, Milan
Prof. Francesca Marinelli - Associate Professor of Labour Law Università degli Studi, Milan
Dr. Apostolos Anthimos, Lecturer of Civil Procedure - European University, Cyprus
There will be a "red thread" which links all the activities to be carried out during the Jean Monnet Module's lifetime. All the planned activities (deliverables; research; events, such as conferences, round-table debates, workshops) will mirror the structure of the course articulated in 4 modules, and will shed light on the topics dealt with during the latter, i.e. the conferences, the roundtable debates and the workshops organized throughout the three-years long period of the Module, and the planned publications by the teaching staff, will cover in a broader perspective and in a greater detail the same topics dealt with during the academic course.
For example, during the first year a Conference on "Access to justice in multilevel cross-border disputes" will be organized, which will cover some of the topics dealt with in the First Part of the academic course (such as ; the dialogue between European courts and national judges; fundamental procedural rights in cross-border litigation in Europe; third-party funding in cross-border litigation ).
The same can be said, for eample, for the planned publications during the project's life, which resume most of the topics already dealt with during the academic course (see for example the planned publications on "Litigating Cross-border IP Disputes in Europe. The Unified Patent Court" or "Third-party funding in international commercial and investment arbitration. Parties' arrangements and procedural issues": topics already dealt with within the academic course and also addressed by conferences and roundtable debates).
As a matter of principle, the idea underlying the entire Module is to address the same topic from different perspectives: in the course, by providing an overview of its main features and characteristics; in the events (conferences, seminars, roundtable debates), by discussing it with a multidisciplinary specialized audience (academics, professionals, industry's experts); in the planned publications, by attempting a more solid scientific reconstruction of it, analysing all its procedural implications.
Events scheduled for the first year of the Jean Monnet Module, i.e. 2021
July 2021 - Conference on "Access to justice in multilevel cross-border disputes in Europe"
October 2021 - Round Table Debate on "Public v. Private Enforcement of Competition Law in Europe"
October 2021 - Two-days study visit at the Court of Justice of the European Union and at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
Within the 40-hours academic course (2nd semester a.a. 2020-2021) - Workshop on "Theoretical and Practical Hints on Written and Oral Legal Advocacy"
Prerequisites for admission
There are no specific prerequisites for admission, other than those generally provided for by the academic regulation of the degree. However, a very good command of the English language (both written and oral) as well as having passed the exams of Civil Procedure, International Law and Private International Law are highly recommended.
Teaching methods
The course will refer to national laws, rules and praxis, international conventions and multilateral treaties European primary and secondary legal sources, examples drawn from different civil and common law jurisdictions, as well as to pure transnational principles and rules (such as lex mercatoria) and non-binding instruments (soft law), always emphasizing practical approaches and solutions to concrete problems.
Each topic dealt with within the course will be addressed not only from a theoretical point of view, but also through the lens of the most relevant arbitral and judicial case law.
The course follows a case - method approach. Aside frontal lessons and seminars, the teaching staff will interact with the students by Q&A sessions held after the introductory presentation of each topic. Students will also be requested to actively participate by occasionally reporting cases to the class, discussing them, working in groups and taking part to moot courts and simulations.
The attendance to the course is positively assessed in light of the Unimi-enrolled-students' recruitment process for international legal competitions sponsored by our University (in particular the PAX Moot, i.e. the specialized moot court competition focused on private international law issues, organized by Science Po, Paris: https://www.paxmoot.eu/), as well as for the professional internships abroad within the Erasmus Placement Programme.
Each topic dealt with within the course will be addressed not only from a theoretical point of view, but also through the lens of the most relevant arbitral and judicial case law.
The course follows a case - method approach. Aside frontal lessons and seminars, the teaching staff will interact with the students by Q&A sessions held after the introductory presentation of each topic. Students will also be requested to actively participate by occasionally reporting cases to the class, discussing them, working in groups and taking part to moot courts and simulations.
The attendance to the course is positively assessed in light of the Unimi-enrolled-students' recruitment process for international legal competitions sponsored by our University (in particular the PAX Moot, i.e. the specialized moot court competition focused on private international law issues, organized by Science Po, Paris: https://www.paxmoot.eu/), as well as for the professional internships abroad within the Erasmus Placement Programme.
Teaching Resources
Most lectures, seminars and workshops will be carried out with the support of power point presentations, indicated prior to each lesson or distributed right after. All the relevant material of the course (in addition to the slides, scholarly papers, case law, reports, research studies, statistics, news, legislative reforms' proposals ), will be uploaded on the web platform Ariel, accessible throughout the entire duration of the Jean Monnet Module by all the people registered to the course. It will represent the "framework" of the course, where to upload all the information related to the course, the communication to the class (i.e. the course program, the timetable, info about lectures' location, changes in the program, the modalities of the exams, the marks of the mid-term and the final tests and exams) and all the relevant teaching material. Additional information relevant for the course might be retrieved on the website EUCP - European Civil Procedure. News, Cases and Materials (https://sites.unimi.it/EUCivilProcedure/) and on the web platform of the Centre of Research on European and Transnational Dispute Settlement (https://sites.unimi.it/translitigation/).
The text below is to be considered just as a supportive (non compulsory) tool to better understand the topics dealt with during the course. It is at the discretion of the student whether to use it or not for deepening his/her knowledge in addition to the material already distributed during the course:
· Paul Beaumont, Mihail Danov, Katarina Trimmings, Burcu Yüksel (Editors), Cross-Border Litigation in Europe, Hart Publishing, 2017
The text below is to be considered just as a supportive (non compulsory) tool to better understand the topics dealt with during the course. It is at the discretion of the student whether to use it or not for deepening his/her knowledge in addition to the material already distributed during the course:
· Paul Beaumont, Mihail Danov, Katarina Trimmings, Burcu Yüksel (Editors), Cross-Border Litigation in Europe, Hart Publishing, 2017
Assessment methods and Criteria
The attendance to the course is compulsory.
Only students who attend at least 80% of the course are admitted to take the final written exam.
The final mark (max 30/30 cum laude) will consist in an overall assessment of the participation and the activities carried out by each student throughout the course (presentations, discussion, simulation and moot courts) combined with the mark obtained in the final written test, held at the end of the course, lasting 2 hours and consisting on: a) 20 multiple choice questions; b) 2 short essays; c) the resolution of a legal problem.
Those students who do not accept the final mark can undergo an oral colloquium on the overall program of the course, during the official exam sessions.
Only students who attend at least 80% of the course are admitted to take the final written exam.
The final mark (max 30/30 cum laude) will consist in an overall assessment of the participation and the activities carried out by each student throughout the course (presentations, discussion, simulation and moot courts) combined with the mark obtained in the final written test, held at the end of the course, lasting 2 hours and consisting on: a) 20 multiple choice questions; b) 2 short essays; c) the resolution of a legal problem.
Those students who do not accept the final mark can undergo an oral colloquium on the overall program of the course, during the official exam sessions.
Educational website(s)
Professor(s)