DOMESTIC AND INTERNATIONAL ARBITRATION LAW
Learning outcomes of the course unit
The course aims to study arbitration as an alternative to state legislation. The rapidity of the decision, bound to fixed times, the specialisation of the arbitrators and the confidentiality of the procedure make it a favourable instrument for dispute settlement. Its development in the realm of international commerce, owing to the need perceived by concerned parties to avoid the conflicts of jurisdiction to which the globalisation of commercial and financial relations may give rise, makes it necessary for legal practitioners to be familiar with the institution as regulated by the national legislator and by permanent arbitration institutions.
In order to take the exam in Domestic and International Arbitration Law, students must have passed the exams in the following subjects: Private Law Institutions, Roman Law Institutions and Civil Procedural Law.
Course contents summary
Disputes subject to arbitration – The arbitration convention – Arbitration parties – Arbitrators – Arbitration courts – Proceedings – Interim and conservatory measures – The arbitral decision – Appeals – Foreign arbitration – International commercial arbitration. International conventions – Recognition and enforcement of foreign arbitral awards.
G. VERDE, Lineamenti di diritto dell’arbitrato, Giappichelli , Torino, 2006 (183 pages).
S. LA CHINA, L’arbitrato, Giuffrè, 2004 (268 pages).
The International Conventions of New York (recognition of foreign awards) and Geneva (international commercial arbitration).
Arbitration rules of the ICC International Court of Arbitration in Paris.
Rules of the Arbitration Chamber of the Milan Chamber of Commerce.
Classroom lectures and seminars.