Arbitration Law
A.Y. 2024/2025
Learning objectives
Upon completion of the coursework, the student is expected to possess:
- Knowledge of the fundamental principles of arbitration, as well as of its current legal discipline;
- ability to understand and interpret the relevant rules of law, and - ability to apply such rules to practical matters;
- ability to illustrate the knowledge acquired showing language skills, including technical language, and logical consistency.
- Knowledge of the fundamental principles of arbitration, as well as of its current legal discipline;
- ability to understand and interpret the relevant rules of law, and - ability to apply such rules to practical matters;
- ability to illustrate the knowledge acquired showing language skills, including technical language, and logical consistency.
Expected learning outcomes
Upon completion of the course, students who have profitably mastered the subject matter will have an in-depth knowledge of the course topics, with the acquisition of a reasoning method appropriate in order to deal with legal matters related to the regulation of arbitration proceedings and to its relationship with legal proceedings before national courts.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
The course is devoted to the study of arbitration as an alternative dispute resolution proceeding, with specific regard to ritual arbitration (and to its relationship with the ordinary judicial proceedings before national Courts). The first part deals with the legal framework applicable to ordinary arbitration, while the second part deals with corporate arbitration.
In the teacher's intentions (achievable, however, only with the agreement of the students attending the lectures and their proactive collaboration), the course should widely embrace a seminar method (with researches and oral expositions and discussions carried out by students).
In the teacher's intentions (achievable, however, only with the agreement of the students attending the lectures and their proactive collaboration), the course should widely embrace a seminar method (with researches and oral expositions and discussions carried out by students).
Prerequisites for admission
The student must be motivated and interested towards the study of the discipline of a process which is different from that taking place before the State judge, and that is largely used in an international context, and increasingly so in a domestic context, as a means of alternative dispute resolution. Therefore, the student must be acquainted with the principles governing the ordinary process, such as they have learnt in the study of civil procedure law.
Teaching methods
The course consists of face-to-face lessons, in the context of which also seminars are kept.
Teaching Resources
F.P. LUISO, Diritto processuale civile, V, La risoluzione non giurisdizionale delle controversie, 13th ed., Milan, Giuffrè, 2022 (with regard to Chapters from 8 to 17 included).
M. BOVE, La riforma dell'arbitrato, in Giurisprudenza italiana, 2023, p. 447 ss.
M. BOVE, La giustizia privata, 6th ed., Padua, Wolters Kluwer Cedam, 2023, Fifth Chapter
M. BOVE, La riforma dell'arbitrato, in Giurisprudenza italiana, 2023, p. 447 ss.
M. BOVE, La giustizia privata, 6th ed., Padua, Wolters Kluwer Cedam, 2023, Fifth Chapter
Assessment methods and Criteria
The final evaluation forms the object of an oral exam and is expressed in thirtieths, possibly cum laude.
Evaluation criteria for the exams take into consideration content accuracy, clarity of reasoning, critical analysis and rethinking skills.
Evaluation criteria for the exams take into consideration content accuracy, clarity of reasoning, critical analysis and rethinking skills.
IUS/15 - CIVIL PROCEDURAL LAW - University credits: 6
Lessons: 42 hours
Professor:
Castagnola Angelo
Shifts:
Turno
Professor:
Castagnola AngeloProfessor(s)