ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION
Academic year and teacher
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- Versione italiana
- Academic year
- 2020/2021
- Teacher
- PASQUALE NAPPI
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/15
Training objectives
- Knowledge and understanding: the course is aimed at students who wish to deepen their knowledge of the ways of solving disputes alternative or complementary to national jurisdiction (ADR: Alternative Dispute Resolution).
Applying knowledge and understanding: the student will learn the function, the limits and the structure of these instruments in theory as in the practical application, in order to be able to tangibly evaluate the favorability of them compared the judicial proceedings in terms of speed, cost effectiveness , confidentiality. Prerequisites
- A good grasp of the fundamental institutions of civil law and civil procedural law is needed.
Exams previously recommended:
For students of Degree: Civil Procedure Law
For students of the degree course OSG: Introduction to procedural law Course programme
- The program will cover the following topics:
Negotiation (settlement agreement and its effectiveness). - Mediation, the mediator, the conciliation. - Mediation under special legislation. - Mandatory mediation. - Assisted negotiation. - Assisted negotiation with regard to separation and divorce. - Arbitration: general profiles. - The arbitration agreement. - The non-binding arbitration. - Arbitration ad hoc, administered arbitration, arbitration group. - The arbitrators. - The proceedings and the arbitration’s object - Relations between arbitrators and judge. - The arbitration process. - The arbitration award. - The appeal procedure. Didactic methods
- The course is divided into 20 lessons for a total duration of 40 hours (equivalent to 6 credits), devoted to the treatment and the deepening of the mentioned issues, with particular attention to the main issues of interpretation and application related to the current regulations.
Learning assessment procedures
- The examination is exclusively in oral form and is intended to ensure the full knowledge and understanding of the subjects covered in the training program, as well as the student's ability to understand and interpret concrete issues, leading them back to the correct abstract discipline. There are no midterm examinations.
Reference texts
- Adopted manual: F. P. LUISO, Diritto processuale civile, vol. V, La risoluzione non giurisdizionale delle controversie (Giuffre’, latest edition).
Students can also consult: S. LA CHINA, L'arbitrato, Il sistema e l'esperienza, Milano, (ultima edizione pubblicata); G. VERDE, Lineamenti di diritto dell'arbitrato, Torino, (latest edition).
