INTERNATIONAL JURISDICTIONAL PROTECTION AND ADR

Single discipline educational activity

Course Sheet

Course code:

000504L

Academic Year of enrolment:

2022

Year of supply:

2023/2024

Degree:

Course of 2nd Cycle Degree in LEGAL SCIENCES FOR INTERNATIONALISATION AND BUSINESS INNOVATION

Moduls:

INTERNATIONAL JUDICIAL PROTECTION AND ADR A - 6 credits

Location:

PESCARA

Credits:

Programme Year:

Cycle:

Second semester

Hours of classroom activity:

Prerequisites:

The specialized content of the course requires that the student has a preliminary knowledge of the notions and institutions of the general part of civil procedural law, as well as a preliminary knowledge of civil law and commercial law.

Objectives

The course aims to provide the necessary tools for the management of civil and commercial disputes, also with transnational relevance, within public and private companies, and for-profit and non-profit organizations, as well as for the extrajudicial processing of the same disputes. In line with these objectives, the course aims to expand - with a specialized study - the knowledge of the judicial procedures for the protection of companies, institutions and consumers in the European judicial area, as well as the out-of-court resolution tools for civil and commercial disputes in national and international scope.
LEARNING OUTCOMES
At the end of the course, the student will be able to:
- know and use the special procedural tools of protection that European Union law makes available to businesses and consumers in the context of transnational disputes (for example, the complaints in the Online Dispute Resolutions, ODR), as well as prepare and initiate legal proceedings, for which technical defense is not always required, for the recovery of cross-border credits (in relation, for example, to maintenance obligations, unclaimed or modest credits).
- manage the procedures for the alternative resolution of conflicts in civil and commercial matters, including those of international importance.

Contents

(A) Judicial cooperation in civil and commercial matters in Europe: a) EU Reg. No. 805/2004, European enforcement order; b) Reg. n. 1896/2006, European injunction procedure; c) Reg. n. 861/2007, European procedure for small claims; d) EU Reg. no. 524/2013, Online resolution of consumer disputes; e) Reg. UE n. 655/2014, Procedure for the European order for attachment on bank accounts in order to facilitate cross-border recovery of claims in civil and commercial matters; f) EU Reg. no. 2015/848, Transnational insolvency proceedings; g) Regulation no. 1215/2012; h) The taking of evidence in Europe; i) Notifications in Europe; l) The antitrust rules.
(B) Alternative Dispute Resolution (ADR): a) mediation; b) assistetd negotiation; c) national and international arbitrations.

Extended Syllabus

Subject: INTERNATIONAL JUDICAL PROTECTION AND A.D.R.
Teacher: Prof. Roberto Martino
Degree course: GIUR INN
Academic discipline: IUS / 15
Department: Legal Sciences
e-mail: roberto.martino@unich.it
Student days and hours of reception: Monday and Tuesday, 16:00
Semester: II

LANGUAGE
Italian

PREREQUISITES
The specialized content of the course requires that the student has a preliminary knowledge of the notions and institutions of the general part of civil procedural law, as well as a preliminary knowledge of civil law and commercial law.

LEARNING OBJECTIVES
The course aims to provide the necessary tools for the management of civil and commercial disputes, also with transnational relevance, within public and private companies, and for-profit and non-profit organizations, as well as for the extrajudicial processing of the same disputes. In line with these objectives, the course aims to expand - with a specialized study - the knowledge of the judicial procedures for the protection of companies, institutions and consumers in the European judicial area, as well as the out-of-court resolution tools for civil and commercial disputes in national and international scope.

LEARNING OUTCOMES
At the end of the course, the student will be able to:
- know and use the special procedural tools of protection that European Union law makes available to businesses and consumers in the context of transnational disputes (for example, the complaints in the Online Dispute Resolutions, ODR), as well as prepare and initiate legal proceedings, for which technical defense is not always required, for the recovery of cross-border credits (in relation, for example, to maintenance obligations, unclaimed or modest credits).
- manage the procedures for the alternative resolution of conflicts in civil and commercial matters, including those of international importance.

Communication skills
Through the theoretical knowledge acquired, the student will be able to use the most appropriate legal terminology to work in court and out of court, with particular reference to the transnational dispute.
Students' communication skills will also be stimulated through participation in seminars and discussions in the classroom through individual or group work, concerning the deepening of individual institutions or specific law cases.

COURSE SYLLABUS
(A) Judicial cooperation in civil and commercial matters in Europe: a) EU Reg. No. 805/2004, European enforcement order; b) Reg. n. 1896/2006, European injunction procedure; c) Reg. n. 861/2007, European procedure for small claims; d) EU Reg. no. 524/2013, Online resolution of consumer disputes; e) Reg. UE n. 655/2014, Procedure for the European order for attachment on bank accounts in order to facilitate cross-border recovery of claims in civil and commercial matters; f) EU Reg. no. 2015/848, Transnational insolvency proceedings; g) Regulation no. 1215/2012; h) The taking of evidence in Europe; i) Notifications in Europe; l) The antitrust rules.
(B) Alternative Dispute Resolution (ADR): a) mediation; b) assistetd negotiation; c) national and international arbitrations.

COURSE STRUCTURE
The course will be structured in 2 hours frontal teaching lessons according to the academic calendar.
The didactic activity will be characterized by theoretical lessons and exercises that will have as object the development of a simulated process or the deepening of individual institutions, through the analysis of specific law cases.

COURSE GRADE DETERMINATION
The student preparation will be verified by an oral exam with an evaluation expressed in thirtieths, and will be considered passed by students who have achieved a mark not less than 18/30.
During the course the attending students, in agreement with the Professor and during the periods dedicated to it, will support partial exams on the parts of the program already explained in class, which will help to define the final evaluation in thirtieths.

OPTIONAL ACTIVITIES
Throughout the academic year, assistance will be provided to students through the tutoring activity carried out by researchers and experts of the subject. Classroom exercises will be carried out to study case law; as well as further exercises concerning the simulation of an arbitration, with the active participation of the students.

READING MATERIALS
For the part under lett. A): Biavati – Lupoi, Regole europee e giustizia civile, Bononia University press, 2022
For the part under lett. B) F.P. Luiso, Diritto processuale civile, Giuffrè, Milano, ult. ed., vol. V, (capp. Da 1 a 17; 22).
During the course will be distribuited further materials for the study of specific matters, with particolar reference to internationals arbitrations.

Recommended Bibliography

For the part under lett. A): Biavati – Lupoi, Regole europee e giustizia civile, Bononia University press, 2022
For the part under lett. B) F.P. Luiso, Diritto processuale civile, Giuffrè, Milano, ult. ed., vol. V, (capp. Da 1 a 17; 22).
During the course will be distribuited further materials for the study of specific matters, with particolar reference to internationals arbitrations.

Methods of Provision

Conventional

Teaching Methods

The course will be structured in 2 hours frontal teaching lessons according to the academic calendar.
The didactic activity will be characterized by theoretical lessons and exercises that will have as object the development of a simulated process or the deepening of individual institutions, through the analysis of specific law cases.

Evaluation methods

Verification of learning:

The student preparation will be verified by an oral exam with an evaluation expressed in thirtieths, and will be considered passed by students who have achieved a mark not less than 18/30.
During the course the attending students, in agreement with the Professor and during the periods dedicated to it, will support partial exams on the parts of the program already explained in class, which will help to define the final evaluation in thirtieths.

Contacts/More Information

Throughout the academic year, assistance will be provided to students through the tutoring activity carried out by researchers and experts of the subject. Classroom exercises will be carried out to study case law; as well as further exercises concerning the simulation of an arbitration, with the active participation of the students.
e-mail: roberto.martino@unich.it
Student days and hours of reception: Monday and Tuesday, 16:00
Semester: II

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree