Despite the downsizing of international trade caused by the pandemic and the heightened tensions between the major players in the global economy, a substantial part of the Italian economy continues to be headed by companies that export goods. The often relatively small size of these companies helps to explain certain recurring features of the legal relations they establish with their foreign partners and the methods (only rarely arbitration) used to resolve their disputes.
The course aims to provide an overview of the legal relationships between these companies and their foreign partners.
The course aims to address the main issues affecting business-to-business contracts for the sale of movable goods and contracts for the carriage of goods, in the light of the relevant EU, conventional and domestic rules. The course will also explore new scenarios of business-to-business The course also aims to explore the new scenarios of business-to-business contracting brought about by the development of digital platforms and the legal issues involved. related legal questions.
It will cover the jurisdiction rules under Regulation (EC) No 1215/2012 (Brussels I bis) and the conflict-of-law rules under Regulation (EC) No 593/2008 and the 1955 Hague Convention on the law applicable to the international sale of goods; it will also cover the 1980 Vienna Convention on Contracts for the International Sale of Goods and the main international regulatory instruments on the carriage of goods, such as the 1956 Geneva Convention (CMR). The Unidroit Principles of International Commercial Contracts and the Incoterms of the International Chamber of Commerce will be discussed, and some recurring clauses in international contracting practice will be examined. With reference to platforms, Regulation (EU) 2019/1150 will be discussed.
The course is part of the EJNita-Building Bridges project, co-funded by the European Union and led by the Italian Ministry of Justice in collaboration with the Italian School for the Judiciary, the Italian National Council of Notaries, the University of Ferrara and the University Catholic of the Sacred Heart of Milan.
Full recordings of the course are available here*.