INTERNATIONAL TRADE AND PRIVATE INTERNATIONAL LAW

Course Structure

• Conflict of Jurisdictions and Conflict of Laws

  This Module on “Conflicts of jurisdictions and conflicts of laws” deals with private and procedural international law, namely it covers general issues relating to conflicts of jurisdictions and conflicts of laws as well as rules in force in Italy on the Italian civil and commercial jurisdiction, the recognition and enforcement of foreign judicial measures as well as on the designation of the applicable law in the most relevant areas of activity of firms in the international market (capacity, legal entities and commercial companies, contractual and non-contractual obligations).

Detailed Course Content

• Conflict of Jurisdictions and Conflict of Laws

  The basic problems underlying conflict of jurisdictions and conflict of laws. Sources of Procedural and Private International Law. Conflict of jurisdictions: the Italian jurisdiction in “transnational” cases, recognition and enforcement of foreign judgments (Italian Law no. 218 of 31 May 1995; EU Regulation no. 1215/2012); international commercial arbitration (New York Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards). Conflict of Laws – General Issues: structure and purpose of choice-of-law rules; characterization; preliminary issues; renvoi; knowledge, interpretation and application of foreign law; non-unified foreign legal systems; public policy and mandatory rules; the principle of reciprocity.

  The law applicable to legal capacity and capacity to act, companies and legal entities. The law applicable to property and intellectual property rights. The EU uniform rules on the law applicable to contractual obligations and non-contractual obligations (EC Regulation no. 593/2008 and EC Regulation no. 864/2007). The residual applicability of the Italian Law no. 218 of 31 May 1995.

Textbook Information

• Conflict of Jurisdictions and Conflict of Laws

  1. MENGOZZI P., Private International Law - Italy, in International Encyclopaedia of Laws, The Hague, 2005, pp. 33-115, 168-173;

  2. BRIGGS A., The Conflict of Laws, 3^rded., Oxford, 2013, pp. 55-110, 138-163, 212-291;

  3. STELÉ D., CERINA P., The New Italian Conflict-of-Laws: The Law N° 218 of May 31, 1995, in International Business Law Journal, 1996, 1, pp. 11-27;

  4. BANTEKAS I., An Introduction to International Arbitration, Cambridge, 2015, pp. 218-251.