50260 - DISPUTE RESOLUTION IN A GLOBALIZED WORLD
Course taught in English
Go to class group/s: 31
Lezioni della classe erogate in presenza
With globalization, modern business enterprises frequently operate or conduct business activities that are subject to the jurisdiction of courts in multiple legal systems around the world. Lawyers must be able to advise clients prospectively to manage the potential risks of being summoned to multiple jurisdictions and, when disputes do arise, represent clients in complex multi-jurisdictional, multicultural proceedings.
This course provides students with the theoretical framework they need to master cross-border aspects of international disputes and the technical and practical tools they need to plan for, manage, and resolve them. Students will gain knowledge of relevant national laws and procedures, and the private international law, treaties, and norms that may be implicated in international and cross-border disputes.
In addition to substantive knowledge, this course will also train students in practical know-how and skills that are needed to effectively engage in cross-cultural negotiation, arbitration- and forum-selection-clause drafting, international legal research, evidence preparation in cross-cultural settings, and written and oral advocacy.
Topics covered will include:
- Fundamentals of dispute resolution in international and comparative perspective
- International negotiation and mediation
- International litigation: prescriptive jurisdiction, judicial jurisdiction & enforcement jurisdiction
- International arbitration: legal frameworks and the interplay of applicable treaties, laws and rules
- Arbitration agreements: effect and enforceability
- Arbitrators: selection, appointment, duties & challenges
- Arbitral procedures: applicable sources & practical strategies
- Arbitral awards: set aside, recognition & enforcement
- Explain to clients the advantages and disadvantages of various forms of international dispute resolution
- Select appropriate fora and dispute resolution mechanisms for clients
- Identify the treaties, laws, and rules that apply in international disputes
- Understand the potential risks and options in dispute managment
- Interpret and apply relevant international soft law instruments
- Plan dispute resolution strategy to minimize risk
- Manage cross-border disputes to maximize clients' strategic objectives
- Negotiate and draft effective dispute resolution clauses
- Select arbitrators and assess potential challenges
- Research and apply rules and laws applicable to cross-border legal disputes
- Develop advocacy and evidence-gathering strategies
- Resolve disputes through mediation processes
- Face-to-face lectures
- Online lectures
- Guest speaker's talks (in class or in distance)
- Case studies /Incidents (traditional, online)
- Interactive class activities (role playing, business game, simulation, online forum, instant polls)
One or more arbitration specialists will visit class to provide insights on soft skills and knowledge that are not in applicable laws or published sources. A simulated/mock case will be introduce as the basis for a series of role-playing exercises in negotiating and drafting arbitration clauses, selecting and challenging arbitrators, arguing jurisdictional challenges, and gathering evidence.
|Continuous assessment||Partial exams||General exam|
The final exam will consist of 1 open essay question, 5 short answer questions, and 5 multiple choice questions. The final exam will be worth 75% of the final grade and it is designed to test how students master cross-border aspects and technical tools of international disputes as well as their ability to critically assess different national law and procedures.
25% of the final grade will be based on students participation in and performance on in-class exercises and discussions.
- GARY B. BORN , International Commercial Arbitration: Law and Practice (2nd ed. 2015) [Born].
- Case materials and legal sources (to be posted on BBoard)
- Practical Role-Playing Exercises (to be posted on BBoard)
- Gary B. Born, International Commercial Arbitration (3rd ed. 2020) (3-volume treatise, available online from on kluwerarbitration.com)
- The Restatement of the U.S. Law of International Commercial and Investor-State Arbitration (electronic version available on BBoard).
- Massimo Benedetelli, International Arbitration in Italy (2021) (available on kluwerarbitration.com)
- Additional readings to be provided