Docente
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DI PIETRO DOMENICO
(programma)
LEARNING AND TEACHING THE COURSE’S STRUCTURE IS COMPOSED OF A NUMBER OF LECTURES ON THE MAIN TOPICS OF INTERNATIONAL ARBITRATION. THE APPROACH OF TEACHING IS AIMED AT STIMULATING THE ACTIVE PARTICIPATION OF STUDENTS. THE COURSE’S MAIN OBJECTIVE IS THE ACQUISITION OF BOTH ACADEMIC AND PRACTICAL KNOWLEDGE. THE DEVELOPMENT OF PRACTICAL SKILLS WILL BE ENCOURAGED THROUGH THE ORGANISATION OF DRAFTING WORKSHOPS AND MOCK ARBITRATION HEARINGS. SYLLABUS HISTORICAL BACKGROUND OF INTERNATIONAL ARBITRATION. THE LEGISLATIVE FRAMEWORK. MAIN INTERNATIONAL CONVENTIONS GOVERNING INTERNATIONAL ARBITRATION (NEW YORK CONVENTION 1958, EUROPEAN CONVENTION 1961, WASHINGTON CONVENTION 1965). ANALYSIS OF INTERNATIONAL HARMONISATION INSTRUMENTS (UNCITRAL MODEL LAW 1985). COMPARATIVE ANALYSIS OF SELECTED DOMESTIC ARBITRATION STATUTES AS WELL AS RELEVANT CASE LAW. THE LEGAL NATURE OF ARBITRATION. DIFFERENT TYPES OF ARBITRATION. THE ARBITRATION AGREEMENT: REQUIREMENTS OF VALIDITY AND PECULIARITIES. EXTENSIVE APPLICATION OF ARBITRATION AGREEMENTS AND PROBLEMATIC PRIVITY. CONCEPTS AND TOPICAL ISSUES RELATING ARBITRATION PROCEEDINGS. THE LEX ARBITRI. THE COMMENCEMENT OF ARBITRAL PROCEEDINGS. THE FORMATION OF ARBITRAL TRIBUNALS AND THE ISSUE OF INDEPENDENCE AND IMPARTIALITY OF ARBITRATORS. ISSUES RELATING TO JURISDICTION. THE ANALYSIS OF DIFFERENT ARBITRATION CULTURES AND HOW THEY INTERACT IN INTERNATIONAL ARBITRATION PROCEEDINGS (COMMON LAW AND CIVIL LAW PRACTICES). THE TAKING OF EVIDENCE IN INTERNATIONAL ARBITRATION. PROCEDURAL POWERS OF ARBITRATORS. THE LAW GOVERNING THE DISPUTE. THE ARBITRAL AWARD. RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS. FOREIGN INVESTMENT ARBITRATION.
(testi)
BLACKABY N., PARTASIDES C. WITH REDFERN A., HUNTER M., REDFERN AND HUNTER ON INTERNATIONAL ARBITRATION, OXFORD UNIVERSITY PRESS, 2009. FURTHER SELECTED TOPIC-SPECIFIC MATERIALS WILL BE MADE AVAILABLE BEFORE EACH LECTURE.
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