Massimo Benedettelli Sébastien Besson Franco Ferrari Luigi Fumagalli Jacomijn van Haersolte-van Hof Wendy Miles Alexis Mourre Paolo Michele Patocchi Mohamed Abdel Wahab
When parties select international commercial arbitration for the settlement of their disputes, they step into a different playground, with its own rules, players, usages and language.
The course offers specific expertise on the most critical issues which materialize in the practice of international commercial arbitration, from the interplay between arbitral and court jurisdiction to the extension of the arbitration to a third party and consolidation of connected cases, from the analysis of the distinct phases in which arbitral proceedings are customarily organized, to the deliberation process and the remedies available against arbitral awards.
International Investment Arbitration
David Arias Juan Fernández-Armesto Massimo Benedettelli Luigi Fumagalli Lluís Paradell Trius Constantine Partasides KC Laurence Shore Eduardo Silva Romero
Investment arbitration allows foreign investors to bring claims against the State hosting their investment before an arbitral tribunal designated by the applicable investment treaty or contract.
This gives rise to a hybrid legal phenomenon where international customary and treaty law, arbitration law, and national laws intersect.
The course aims to provide participants with the necessary tools to navigate this specialized and increasingly important field of arbitration practice.
International Commercial Litigation
Stefania Bariatti Adrian Briggs Zeno Crespi Reghizzi Maria Beatrice Deli Michele Grassi Antonio Leandro Michele Angelo Lupoi Stefano Alberto Villata
What tools are used in civil and common law systems to tackle international commercial litigation? Are there different methods and approaches that lawyers need to master in light of the jurisdiction in which they are practicing? To what extent can the parties select the forum in which to bring their claim and the law governing it?
This course investigates the most relevant issues raised by cross-border litigation aiming to provide students with a comprehensive understanding of how to handle it so as to better protect their clients’ interests.
International Enforcement of Judgments and Arbitral Awards
Paolo Bertoli Marnix Leijten Marco Torsello
Once a court judgment or an arbitral award has been issued, the award/judgment-creditor may need to seek its enforcement, triggering reactions from the award/judgment-debtor who may try to resist.
This requires the prior identification of the jurisdictions where the assets of the award/judgment-debtor are located and of the legal and practical instruments the parties can use to pursue their opposite interests.
Reflecting the teachers’ experience in concrete cases, the course will cover issues such as assets-search techniques, conditions for the cross-border circulation of judgments/awards, avoidance of fraudulent transactions to the creditor’s prejudice, anti-suit injunctions, State sovereign immunity from execution, and, more in general, strategical and tactical considerations that may guide the relevant actions by the parties and their counsel.
Litigating Before International Courts (ICJ, ECtHR, ECJ)
Chiara Amalfitano Barbara Randazzo Andrea Saccucci Attila Massimiliano Tanzi Jean-Marc Thouvenin
How does an international court work? Where is its jurisdiction grounded? Which special rules and customs govern its proceedings?
This course will provide participants with knowledge of how adjudication works when applications are filed before the ICJ, the ECtHR, and the ECJ, with insights from counsel who has appeared before these courts.
Economics of Dispute Settlement
Giorgio Biscardini Michael McIlwrath
For companies disputes may be a source of costs and revenues at once.
As such, they must be managed as any other entrepreneurial project with risk/cost control and planning techniques.
This course aims to offer lawyers the relevant training so that they can adopt the same perspective of their business clients.