First cycle
degree courses
Second cycle
degree courses
Single cycle
degree courses
School of Economics and Political Science
ECONOMIC LAW
Course unit
TRANSNATIONAL COMMERCIAL LAW
SPM0018199, A.A. 2018/19

Information concerning the students who enrolled in A.Y. 2016/17

Information on the course unit
Degree course First cycle degree in
DIRITTO DELL'ECONOMIA (Ord. 2011)
SP1841, Degree course structure A.Y. 2011/12, A.Y. 2018/19
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Number of ECTS credits allocated 6.0
Type of assessment Mark
Course unit English denomination TRANSNATIONAL COMMERCIAL LAW
Department of reference Department of Political Science, Law, and International Studies
Mandatory attendance No
Language of instruction English
Branch ROVIGO
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 OMAR VANIN

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 3rd Year
Teaching method frontal

Type of hours Credits Teaching
hours
Hours of
Individual study
Shifts
Lecture 6.0 45 105.0 No turn

Calendar
Start of activities 25/02/2019
End of activities 14/06/2019

Examination board
Examination board not defined

Syllabus
Prerequisites: Students are expected to be at ease with the use of the English language – (with a knowledge ranging at least within the B1 and B2 level in the Common European Framework of Reference (CEFR) – since lessons and interactive seminars will be held in English and most of the legal documents that will be analysed and discussed during classes are drafted in English.

The course requires also a solid understanding of the key aspects of Private and Commercial Law.

A basic knowledge of the elements of International Law and EU Law is also required. Moreover, to fully understand selected topics, students may find helpful to deepen the knowledge of certain notions and concepts through individual study. In any case, failing to prove knowledge of such subjects will not – per se – affect the final mark.
Target skills and knowledge: The course aims at providing a solid knowledge of the main issues arising when market actors engage in cross-border relations, as it occurs, inter alia, where the parties to the transaction are established in different countries.
The course, through the study of the relevant domestic, international and EU rules, is meant to provide students with the ability to:
(1) negotiate, draft and manage international contracts;
(2) identify the court possessing jurisdiction to hear a given dispute and the substantive rules applicable to the case;
(3) become aware of the key questions surrounding transnational litigation, as it may take place before either a State court or an arbitral tribunal, including as regards the recognition and enforcement of foreign judgements and awards.
Examination methods: Periodically, during the course, students will be asked to individually prepare and present a seminar on a topic related to the course. Students attending to the presentation will be strongly encouraged to contribute and express their own opinions and/or raise possible issues.

At the end of the course, students will need to take an oral examination which will cover three main topics dealt during class.

Non-attending students will be asked to take a written test which will host open questions on the topics dealt by the recommended textbook (see below “TESTI DI RIFERIMENTO”).
Assessment criteria: Students will be evaluated both on the quality of the presentation of their seminar (amounting to 34% of the final mark) and on the outcome of the oral examination (amounting to 66% of the final mark).
Course unit contents: A. INTRODUCTION
1. Commercial law and globalization: the struggle between national sovereignty and market’s tendency to “overflow” States’ borders;
2. Sources, actors and methods shaping transnational contracts:

B. TRANSNATIONAL CONTRACTS AND THEIR REGULATION
1. Transnational contracts: features, issues and underlying policies;
2. The rules governing transnational contracts:
a. identifying the law applicable to the contract:
- Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I);
- 1955 Hague Convention on the law applicable to international sales of goods;
- Hague Principles on Choice of Law in International Commercial Contracts
b. uniform substantive rules governing the transnational contract:
- 1980 U.N. Vienna Convention on Contracts for the International Sale of Goods;
- Soft law (?): UNIDROIT Principles; Lex Mercatoria; ICC Uniform Rules for Demand Guarantees (URDG 758).

C. DISPUTE RESOLUTION IN TRANSNATIONAL COMMERCIAL LAW
1. Judicial disputes
a. Jurisdiction:
- Regulation (EU) no 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
- 2005 Hague Convention on Choice of Court Agreements;
- Key issues and solutions in Domestic Private International Law (basic notions);

b. Recognition and enforcement of judicial decisions:
- Regulation (EU) no 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
- Key issues and solutions in Domestic Private International Law (basic notions);
- Regulation (EC) no 805/2004 (uncontested claims), Regulation (EC) No 1896/2006 (European order of payment) and Regulation (EU) No 655/2014 (European Account Preservation Order procedure);

2. Alternative Dispute Resolution
a. International Commercial Arbitration (features, purpose and differences with judicial litigation):
- The Arbitration Agreement;
- Arbitral proceedings and applicable (procedural) law;
- The Arbitral Award: domestic effects and international circulation of awards. The 1958 U.N. New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards;
b. Mediation and Settlements;
Planned learning activities and teaching methods: Classes will mostly consist in traditional lessons (lezioni frontali) taught exclusively in English. However, once every two weeks, classes will be held by staging the afore-mentioned seminars (see above “MODALITA’ D’ESAME”).
Additional notes about suggested reading: Study shall be based on the direct analysis of the relevant legal instruments (which will be provided in digital copy) paired with selected readings from the recommended textbook (see below TESTO DI RIFERIMENTO) and, occasionally, academic publications which will be promptly provided.
Textbooks (and optional supplementary readings)
  • GOODE, KRONKE, MCKENDRICK and WOOL, Transnational Commercial Law. Texts, Cases and Materials. Oxford: OUP, 2015. (p. LXVII – 705)