First cycle
degree courses
Second cycle
degree courses
Single cycle
degree courses
Faculty of Law
LAW AND JURISPRUDENCE
Course unit
PRIVATE INTERNATIONAL LAW
GIP5073037, A.A. 2015/16

Information concerning the students who enrolled in A.Y. 2012/13

Information on the course unit
Degree course 5 years single cycle degree in
LAW AND JURISPRUDENCE (Ord. 2008)
GI0270, Degree course structure A.Y. 2008/09, A.Y. 2015/16
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Degree course track GENERICO - SEDE DI PADOVA [999PD]
Number of ECTS credits allocated 6.0
Type of assessment Mark
Course unit English denomination PRIVATE INTERNATIONAL LAW
Website of the academic structure http://www.giurisprudenza.unipd.it
Department of reference Department of Public, International and Community Law
E-Learning website https://elearning.unipd.it/giurisprudenza/course/view.php?idnumber=2015-GI0270-999PD-2012-GIP5073037-N0
Mandatory attendance No
Language of instruction English
Branch PADOVA
Single Course unit The Course unit can be attended under the option Single Course unit attendance
Optional Course unit The Course unit can be chosen as Optional Course unit

Lecturers
Teacher in charge Catherine Kessedjian

Mutuating
Course unit code Course unit name Teacher in charge Degree course code
GIP5073037 PRIVATE INTERNATIONAL LAW Catherine Kessedjian GI0270

ECTS: details
Type Scientific-Disciplinary Sector Credits allocated
Educational activities in elective or integrative disciplines IUS/13 International Law 6.0

Course unit organization
Period Second semester
Year 4th Year
Teaching method frontal

Type of hours Credits Teaching
hours
Hours of
Individual study
Shifts
Lecture 6.0 48 102.0 No turn

Calendar
Start of activities 01/03/2016
End of activities 04/06/2016
Show course schedule 2019/20 Reg.2017 course timetable

Examination board
Board From To Members of the board
3 A.A. 2016/17 sede di Padova - COMMISSIONE STRAORDINARIA 03/10/2016 30/09/2017 CORTESE BERNARDO (Presidente)
SARZO MATTEO (Membro Effettivo)
2 A.A. 2015/16 sede di Padova 08/02/2016 30/09/2016 CORTESE BERNARDO (Presidente)
SARZO MATTEO (Membro Effettivo)
1 A.A. 2015/16 sede di Padova 01/10/2015 30/09/2016 KESSEDJIAN CATHERINE (Presidente)
CORTESE BERNARDO (Membro Effettivo)

Syllabus
Prerequisites: No formal blocking prerequisites. Nonetheless, it is highly recommended that students attending the classes already master the bases of the subject matter. Students should therefore at least have studied and passed an International Law exam that includes a Private International Law section. Students having already passed a basic Private International Law exam are particularly welcomed. Proficiency in English is required.
Target skills and knowledge: The course should enable participants to master some advanced aspects of Private International Law. A first part of it will be devoted to Dispute Resolution. A second part will be devoted to Applicable Law.
We will always look at international law (when it exists) and at the specific regional legal system of the European Union.
The course will moreover help students in mastering legal terminology of Private International Law, EU Law, and International Trade Law
Participants will gain the capability of applying legal principles studied in the actual case solving activity of an international and EU lawyer
Examination methods: Written papers and oral exam
Students will be required to discuss the readings assigned during the course and write a final paper.
Course unit contents: I – International Dispute Resolution
• Introduction to Dispute resolution
• Mediation
• Arbitration (1) The validity of the arbitration agreement (formal validity and validity on the substance).
• Arbitration (2) The legality of the arbitration agreement – The arbitrability of the dispute ratione materiae and ratione poersonae.
• Arbitration (3) The effect of the arbitration agreement and its potential extension towards non signatories.
• Arbitration (4) The composition of the arbitral tribunal; the requirements for the arbitrator and the potential conflict of interests.
• Arbitration (5) The seat or place of arbitration. Difference between the two concepts. How to choose the place of arbitration? What are the consequences of the choice?
• Arbitration (6) The applicable law by arbitral tribunal. Differentiation between the law applicable to procedure, the lex arbitrii and the law applicable to the substance of the dispute.
• Arbitration (7) The applicable law by arbitral tribunal. Public policy, lois de police, transnational public policy.
• Arbitration (8) The applicable law to the merits by arbitral tribunal. Comparison with the method used by national judges. The «direct» determination of the law on the merits.
• Arbitration (9) The award: setting aside, recognition and enforcement.
• Arbitration (10) Arbitration and European Law
• Arbitration (11) The special case of investment arbitration.
• National Court Proceedings (1) Introduction. The difficulties to regulate internationally national Court proceedings. The work of the Hague Conference on Private International Law in the field (particularly notification and evidence). The special case of the law of the European Union. History and Structure of the Jurisdictional rules in the Brussels Regime.
• National Court Proceedings (2) Choice of Court. Comparison between the 2005 Hague Convention and the Brussels regime.
• National Court Proceedings (3) Provisional and protective measures.
• National Court Proceedings (4) Exclusive jurisdiction (particularly for intellectual property disputes and companies)
• National Court Proceedings (5) Jurisdiction in B2B Contract: the default rule.
• National Court Proceedings (6) Jurisdiction in Tort (particularly for internet disputes).
• National Court Proceedings (7) Jurisdiction in Tort: The specific example of torts in violation of human rights by transnational corporations.

II – Applicable law
• A-national rules and lex mercatoria - Definition. The special status of those rules in arbitration. The battle over those rules when preparing the Rome I Regulation.
• Applicable law to contracts - B2B contracts and the special case of the weaker party. The 2015 Hague Principles.
• Applicable law to torts - The special case of human rights violations.
• Applicable law to companies - The attempts to deal with this issue internationally. The European paradox.
Planned learning activities and teaching methods: Participants will be asked to prepare classes by reading some materials assigned to them week by week, via the e-learning site of the course (to be found in elearning.unipd.it/giurisprudenza). Students will be required to actively participate in the discussion of the readings assigned during the course. Active participation is therefore a prerequisite for successfully attending the classes.
Additional notes about suggested reading: Readings will be assigned through the e-learning site of the course (to be found in elearning.unipd.it/giurisprudenza)
Textbooks (and optional supplementary readings)