INTERNATIONAL TRADE AND PRIVATE INTERNATIONAL LAW

Module CONFLICT OF JURISDICTIONS AND CONFLICT OF LAWS

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

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

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.

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, 4^th 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.

For students not attending class, the exam will be oral. As for Module 2, for students attending the lecture course it is planned an intermediate exam at the end of the second cycle of lectures in the field of international private and procedural law (in written form, lasting three hours and consisting in the analysis and solution of a simulated case).

In Italy, examination results are expressed on a scale from 18/30 (minimum pass) to 30/30 (maximum). The highest grade may be awarded with “lode” (cum laude), reserved for outstanding performance. There is no direct equivalence with percentages, but the system can be understood as ranging from “sufficient” to “excellent,” with an additional level of distinction.

o    Fail (0–17): The student does not demonstrate adequate knowledge of the basic course content and/or has not completed the required work.

o    18–20 (Pass – Sufficient): Minimal knowledge of the subject; very limited ability to apply concepts; significant difficulty in critical discussion.

o    21–24 (Fair – Discrete): Adequate command of course topics; correct but basic exposition; frequent need for guidance.

o    25–27 (Good): Solid knowledge of the subject; ability to handle cases and assignments independently, with only minor inaccuracies.

o    28–30 (Very Good – Excellent): Comprehensive and in-depth knowledge; autonomous ability to make connections between themes and sources; clear exposition with no significant errors.

o    30 cum laude (Distinction): Exceptional performance, marked by originality, critical insight, and virtually complete mastery of the subject.

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.