TRANSNATIONAL COMMERCIAL LAW

A. INTRODUCTION
1. Commercial law and globalization: the struggle between national sovereignty and market’s tendency to “overflow” States’ borders;
2. Sources, actors and methods shaping transnational contracts:

B. TRANSNATIONAL CONTRACTS AND THEIR REGULATION
1. Transnational contracts: features, issues and underlying policies;
2. The rules governing transnational contracts:
a. identifying the law applicable to the contract:
- Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I);
- 1955 Hague Convention on the law applicable to international sales of goods;
- Hague Principles on Choice of Law in International Commercial Contracts
b. uniform substantive rules governing the transnational contract:
- 1980 U.N. Vienna Convention on Contracts for the International Sale of Goods;
- Soft law (?): UNIDROIT Principles; Lex Mercatoria; ICC Uniform Rules for Demand Guarantees (URDG 758).

C. DISPUTE RESOLUTION IN TRANSNATIONAL COMMERCIAL LAW
1. Judicial disputes
a. Jurisdiction:
- Regulation (EU) no 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
- 2005 Hague Convention on Choice of Court Agreements;
- Key issues and solutions in Domestic Private International Law (basic notions);

b. Recognition and enforcement of judicial decisions:
- Regulation (EU) no 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
- Key issues and solutions in Domestic Private International Law (basic notions);
- Regulation (EC) no 805/2004 (uncontested claims), Regulation (EC) No 1896/2006 (European order of payment) and Regulation (EU) No 655/2014 (European Account Preservation Order procedure);

2. Alternative Dispute Resolution
a. International Commercial Arbitration (features, purpose and differences with judicial litigation):
- The Arbitration Agreement;
- Arbitral proceedings and applicable (procedural) law;
- The Arbitral Award: domestic effects and international circulation of awards. The 1958 U.N. New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards;
b. Mediation and Settlements;