European civil procedure and arbitration

Course objectives

the course is aimed at giving to students an accurate knowledge of European civil procedure and international arbitration principles and rules Knowledge and Understanding At the end of the course students are expected to have acquired knowledge and understanding of the articulated subject of European civil procedure and international arbitration, with particular respect to: the European system of rules for determining jurisdiction in civil and commercial matters; rules of special jurisdiction and protective jurisdiction for weaker parties; choice of courts agreements; lis pendens and connection; system of recognition and enforcement of judicial decisions; international commercial arbitration and main arbitral institutions; the arbitration agreement; applicable laws and rules; the arbitral proceedings; recognition and enforcement of arbitral award. Applying knowledge and understanding At the end of the course students are expected, on one side, to have acquired the skills both to interpret the legal sources and, on the other side, to have acquired the understanding of the doctrinal and jurisprudential opinions on the main themes covered by the course. With reference to this objective, practical cases, Court of Justice of the European Union precedents, arbitration awards will be provided. Making judgements At the end of the course students are expected to have acquired knowledge of main applicative issues about European civil procedural law and international arbitration together with skills of making judgements on these issues, also through a comparison with their own legal system. Communication skills At the end of the course students are expected to be able to communicate, at least in oral communication, the acquired knowledges with linguistic competence (i.e. using the specific language) so as to be understood also by specialized counterparties and consultants (i.e. lawyers, judges, arbitrators). Learning skills At the end of the course students are expected to be able to carry on with the study, to develop a critical approach to European civil procedure and international arbitration law.

Channel 1
ROBERTA TISCINI Lecturers' profile

Program - Frequency - Exams

Course program
The course will develop through two modules. The first one will be dedicated to European procedural law. In particular, the principles and fundamental legislation of European procedural law will be studied, paying attention to some of the most important European Regulations: from the 1968 Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, to the system created by the Brussels Regulation (Council Regulation (EC) No. 44/2001, so-called Brussels I) and the more recent Regulation (UE) n. 1215/2012. In addition to these, other Regulations will also be addressed: among the others, for example, Regulation (EC) no. 1896/2006, establishing a European order for payment procedure; Regulation (EC) n. 805/2004, which creates a European enforcement order for uncontested credits; Regulation (EU) n. 1783/2020, on cooperation between the Courts of the Member States in the collection of evidence in civil and commercial matters. The second one will deal with the main aspects of international arbitration. In particular, the essential notions will be provided with reference to the topics: relevance of arbitration as an alternative dispute resolution mechanism; forms of arbitration; characteristics of international commercial arbitration; legal nature of the arbitration; arbitration agreements: interpretation and applicable law; selection and appointment of arbitrators and arbitration procedure; award and recognition and enforcement procedure.
Prerequisites
Pre-requisits: none.
Books
During the course, didactic materials will be provided to attending students. Teaching materials will also be available on the classroom page of the course.
Frequency
Attendance: optional.
Exam mode
The final test will be structured as a multiple-choice test with also some open-ended questions. The active participation of the students during the lessons in the exercises aimed at solving concrete cases will be assessed for the final exam grade.
Bibliography
Other bibliography to be prepared for the final exam: - Biavati-Rasia, Civil Procedure in the European Union (2022 Wolter Kluwer); - Nilund-Krans, The European Union and National Civil Procedure (2017 Intersentia); - Born, International Commercial Arbitration (2020 Kluwer Law International); - Zucconi Galli Fonseca-Rasia, Arbitration Law in Italy. Domestic and international perspectives (2020 Wolters Kluwer); - Moses, The Principles and Practice of International Commercial Arbitration (2024 Cambridge).
Lesson mode
The subject will be taught both with lectures and through the illustration of cases and jurisprudential pronouncements.
  • Lesson code1052243
  • Academic year2025/2026
  • CourseEuropean studies
  • CurriculumComparative and European Law (Percorso valido anche per coloro che partecipano al percorso internazionale di doppio titolo italo-albanese)
  • Year1st year
  • Semester2nd semester
  • SSDIUS/15
  • CFU6