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Corso di laurea magistrale in

Internazionalizzazione delle relazioni commerciali

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INTERNATIONAL TRADE AND PRIVATE INTERNATIONAL LAW
Module CONFLICT OF JURISDICTIONS AND CONFLICT OF LAWS

Academic Year 2023/2024 - Teacher: Calogero Alfio PETTINATO

Expected Learning Outcomes

This course aims at providing students with an adequate knowledge of private and procedural international law, with particular regard to the relevant legal categories and relationships for internationalization of firms.

Course Structure

Academic teaching with a progressive interaction with students, also based upon a case-law analysis (and analysis of some simulated cases) and group work.

Required Prerequisites

Knowledge of the fundamental notions of international law, particularly of law of treaties, and private law.

Attendance of Lessons

Highly recommended since it allows to better and faster learn the contents of this subject and the correct methodology to apply such contents to real cases.

Detailed Course Content

This Module is devoted to international private and procedural law, in particular to general issues relating to conflict of jurisdictions and conflict of laws and to the current rules on jurisdiction, recognition and enforcement of foreign arbitral awards and court decisions, as well as on the determination of the governing law in the sectors of greatest relevance for the operation of companies in international markets (capacity, legal persons and commercial companies, property and intellectual property rights, contractual and non-contractual obligations).

Textbook Information

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, 4th ed., Oxford, 2019, pp. 43-97, 126-168, 195-277;

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. BORN G. B., International Arbitration – Law and Practice, Alphen aan den Rijin, 2016, pp. 375-415.

Learning Assessment

Learning Assessment Procedures

Oral exam with evaluation based on the following criteria:

a. degree of pertinence and completeness of answers;

b. ability to correctly classify and solve legal problems;

c. ability to link with other topics in the Module program;

d. appropriate use of legal terminology.

Examples of frequently asked questions and / or exercises

The general and special rules on Italian jurisdiction in “transnational” cases.

The grounds for Italian jurisdiction in civil and commercial matters.

Recognition and enforcement of foreign judgments in Italy.

Recognition and enforcement of foreign arbitral awards under the New York Convention of 10 June 1958.

Structure and purpose of choice-of-law rules.

The issue of “characterization”.

The preliminary issues.

The so-called “renvoi”.

Knowledge, interpretation and application of foreign law.

Reference to a non-unified foreign legal system.

Public policy and mandatory rules.

The principle of reciprocity.

The law applicable to legal capacity and capacity to act.

The law applicable to companies and legal entities.

The law applicable to property and intellectual property rights.

The law applicable to contractual obligations.

The law applicable to non-contractual obligations and the current scope of application of the Italian Law no. 218 of 31 May 1995 in this sector.
VERSIONE IN ITALIANO