Marcello Gaboardi Wins the Legal Studies Award
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Marcello Gaboardi Wins the Legal Studies Award

WITH A COMPARATIVE STUDY ON THE PROTECTION OF COLLECTIVE INTERESTS

Marcello Gaboardi has been assigned the 2021 Bocconi Legal Studies Award for his article “New Ways of Protecting Collective Interests: Italian Class Litigation and Arbitration through a Comparative Analysis,” published in the Journal of Dispute Resolution, Volume 2020, Issue 1.
 
The award acknowledges a Bocconi author of a law publication in the last 3 years which is outstanding for its originality and innovativeness, methodological rigor, relevance for comparative law and impact on the scientific community.
 
“The article reflects broad and careful research, relying on the best secondary literature on common law procedure for comparison,” Bocconi Dean for Research, Jérôme Adda, said during the prize-giving ceremony. “The author makes an original contribution in the sense of tackling a problem that is at the cutting edge of Italian procedure, namely, the compatibility of class action resolution of collective interests with the Italian approach to arbitration, joinder, and conceptions of individual autonomy. The analysis is rigorously comparative and covers common law systems (especially that of the United States) which traditionally have served as a foil to the Italian approach.”
 
In his article, according to a dissemination story published on Bocconi Knowledge, Professor Gaboardi concludes that class action arbitration is compatible with the Italian civil law system that presently doesn’t have any provision on the subject.

by Fabio Todesco
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