International, Comparative and European Litigation

The courses will teach students the main principles and features of civil procedure in an international, comparative and European perspective. Students will learn several specific procedural tools and legal sources. The final goals would be to sensitize them to a comparative knowledge of procedural systems, as well as to adopt an international approach to the problems of civil litigation.

LEARNING OUTCOMES
The courses will teach students the main principles and features of civil procedure in an international, comparative and European perspective.
The final goals would be to sensitize the students to a comparative knowledge of procedural systems, as well as to adopt an international approach to the problems of civil litigation.

UNITS
1. Introduction: Civil Law and Common Law Procedural Systems
2. Differences and Convergences: Sources of Law and the Role of the Judges
3. Procedural Law and Substantive Law. Filing a Civil Claim
4. Evidence; Trial and Pre-trial
5. Judgment. Finality and res judicata. Means of Challenges and the Role of the Supreme Courts
6. ADR and Collective Redress
7. Class Action focus: North American vs. Italian/European Class Action
8. Class Action focus: Building the Case
9. Class Action focus: The Class Members and the Role of Law Firms
10. Class Action focus: Preparing the Facts of the Case. Starting the Civil Action
11. Class Action focus: the Economics of Class Action
12. Intersections between Procedural and European Law. European Sources of Civil Procedure. The Policy Area of Judicial Cooperation in Civil Matters. The Legal Basis of European Civil Procedure: the Founding Treaties; the Amsterdam Treaty; Most Recent Developments
13. Legislative Evolution: Procedural Autonomy of the Member States and the Principle of Effectiveness. The Role of the European Court of Justice. European Civil Procedure and the “Brexit”
14. Service of Documents. Legislative evolution. Assistance in the Taking of Evidence. Legislative Evolution
15. Jurisdiction. Recognition and Enforcement of Foreign Judgments. Legislative Evolution. EU Reg. No. 1215/2012
16. EU Enforcement Order for Uncontested Claims. EC Reg. No. 805/2004. EU Payment Order. EC Reg. No. 1896/2006
17. Small Claims Procedure. EC Reg. No. 861/2007. Account Preservation Order. EU Reg. No. 655/2014
18. International arbitration: Historical Evolution; Main Concepts. Sources of Discipline. Administered and ad hoc arbitration. Seat of Arbitration. Differences Between Domestic and International Arbitration. Challenges to Arbitral Awards
19. Arbitrability. The Arbitration Agreement; Selection, Powers and Duties of the Arbitrator
20. Procedural and Evidential Matters in International Arbitration
21. Recognition and Enforcement of Foreign Arbitral Awards. The New York 1958 Convention. Inklings on Investment Arbitration

Timetable:

Timetable, start and end dates have to be confirmed by professor.

– A prior knowledge of a certain given domestic civil procedural system can be of help, despite not being a prerequisite to take part to the course
– The course is available for B, M and D
– Good command of oral and written English

Study Level: Bachelor, Master, PhD

• Submit your application via the button ‘Apply Now’.
• Please, keep in mind that the number of participants could be limited for each course. Application does not guarantee enrolment in the course.
• The course participants will be selected based on criteria specified in the study guide.
• Your home university will inform you whether you have been accepted and provide further information about the next steps.