ARBITRATION AND CIVIL MEDIATION
Learning outcomes of the course unit
At the end of the training activity, the student should have acquired knowledge and skills related to the main issues of arbitral law and mediation. In particular, it is expected that the student will be able to: 1. Know the legal provisions contained in the Code of civil procedure, in the Civil Code and in the special laws governing arbitration and mediation; To remember the fundamental principles from the course of Civil procedure; Read and understand a court judgement; Interpret the rules systematically (knowledge and understanding skills). 2. Apply skills acquired in concrete cases; Be able to perform practical case studies through the techniques of legal argumentation (ability to apply knowledge and comprehension). 3. Know how to analyze autonomously, critically, court judgements and cases of reality through the process of interpretation of the fact and its legal qualification (autonomy of judgment). 4. Express the conclusions of their own analysis of the pronunciation and / or the concrete case, adequately motivating them on the basis of interpretative norms and guidelines (communicative abilities). 5. Be able to link the different topics with basic and related disciplines; know how to evaluate the various alternative solutions to different concrete situations (learning ability).
Students will be admitted to the exam only if they have previously passed the following exams: Institutions of Private Law, Institutions of Roman Law, Civil Procedure and, for students enrolled in the first year since 2013/2014, Constitutonal Law.
Course contents summary
The course covers the following topics: mediation (d.lgs. 28/2010); assisted negotiation (d.l. 132/2014); arbitrability of the dispute; arbitration agreement; parties of the arbitral procedure; arbitral tribunal; arbitral chambers; arbitral procedure; provisional measures; the award; challenge of the award; recognition and enforcement of the award (New York Convention 1958); contractual arbitration ("arbitrato irrituale").
F.P. Luiso, Diritto processuale civile, V, Giuffrè, 2019, pp. 3-255.
Didactic materials will be inserted in the Elly platform as an in-depth analysis of individual topics. These materials are considered an integral part of the course and as such must be studied by students for the purpose of passing the exam.
Didactic activities will be conducted in oral frontal lessons, for a duration of 36 hours. During the lessons, focusing on arbitral issues and mediation, the dialogue with the classroom will be privileged. In parallel with each lesson, the correlative guided practical exercises (case law and case studies) will be carried out.
Assessment methods and criteria
The final evaluation takes the form of an oral exam with at least three questions. The final examination aims at assessing whether the student has knowledge and understanding of the institutes. The level of sufficiency will be reached when the student has demonstrated knowledge and understanding of the institutes. Below these thresholds, the examination will be insufficient. Risults are communicated immediately at the end of the test.