Pierre Sinclair de Gioia Carabellese

Dr, Associate Professor of Business Law, Adjunct Professor in International Financial Law (Padua - Master in International Commerce) , Professor (Ph.D. School in Human Capital Formation and Employment Law - Bergamo), Visiting Scholar (Hazelhoff Centre in Financial Law - Leiden), Chiar (part-time) of Law of Mergers and Acquisitions (Ca' Foscari, University of Venice)

20102016

Personal profile

Roles & Responsibilities

Professor of Law at the School of Law of the Huddersfield Business School, University of Huddersfield (as from August 2017).

Associate Professor of Business Law (Heriot Watt University) until June 2017

Course Leader in International Banking and Financial Law (Heriot Watt University) (UG and PG)

Course Leader in Company Law (Heriot Watt University) (UG)

Course leader in Employment Law (Heriot Watt University) (UG and alligned in Dubai and Malaysia)

Chair (part-time) of Law of Mergers and Acquisitions (Ca' Foscari, University of Venice)

Adjunct Professor of International Financial Law (Padua - MSc in International Finance)

Visiting Scholar (Hazelhoff Centre of International Financial Law - Leiden)

Visiting Scientist in Private Law (Cagliari - Law School - 2016)

Professor (Ph.D. School in Human Capital Formation and Employment Law - Bergamo)

Professor (Ph.D. School in Governance, Management and Economics - Parthenope - Naples)

Avvocato (Rome Bar)

As advocate, assistance and advice provided to banks, financial institutions and multinationals in international contracts (eg derivatives and credit derivatives), loan finance (eg syndicated loans), structured finance (eg securitizations), banking and financial regulatory and capital markets transactions (egIPO, takeovers). 

Solicitor and Notary Public (Law Society of Scotland)

Director of the International Business Management Degree Programme (Heriot Watt University, Edinburgh)

Director for the Cooperation of the Ph.D. programmes (Heriot Watt University)

 

Short Profile

Prof. Pierre de Gioia Carabellese has been just appointed Profesor of Law at the School of Law of the University of Huddersfield where he is going to start working in August 2017. Pierre de Gioia Carabellese has been until July 2017 Associate Professor of Business Law at Heriot Watt University, Edinburgh. At HWU Pierre is in charge of three courses, including International Banking and Financial Law and Company Law. Dr de Gioia Carabellese is qualified in Scotland as Solicitor and Notary Public and in Italy as Avvocato and he gained his Ph.D. in Banking and Financial Law at Siena University.

In the past Pierre worked  for banks and multinational companies (eg Deutsche Bank) and international law firms (eg Baker & McKenzie) and he is still advises international multinationals and banks in international contracts, financial transactions and banking regulation. Pierre holds dual citizenship (British and Italian) and is also Professor in Law of Mergers and Acquisitions at Ca' Foscari, University of Venice.

 

Past Academic and Professional Roles

Deutsche Bank Italy: Head of the Corporate and Investment Banking Legal Department (2003/2006).

Baker & McKenzie LLP: Senior Associate in the practice group “Bank, Financing and Securities” (2000/2003);

San Paolo IMI Bank: Associate in the legal office (1998/2000);

IMI Istituto Mobiliare Italiano (Bank): Associate in the legal office of the investment bank (1995/1998)

 

 

 

 

 

Research interests

Financial Law - Banking Law - Employment and Equality Law - Company Law - Cross-Border Insolvencies - Comparative Contract/Company/Labour Law.

Banking and financial regulation (e.g. prospectus; market abuse, take-overs), international financial contracts (derivatives, credit derivatives, loans, syndicated loans), structured finance (securitizations; covered bonds), capital markets transactions (IPO, M&A) and collaterals/securities.  

The categories of the personal work relationships, the duties, the employee shareholder and other forms of participation in the company.

 

List of Pubblications (REF 2021)

 

(with E Jones and H Li), ‘Are there Obscured Costs of Ex-ante Board Connections and Target Board Retention in UK Mergers & Acquisitions?’ (Junior Author, forthcoming)

(with M De Poli), ‘Regulation, Supervision and Enforcement in the Architecture of the European Central Bank and National Supervisory Authorities: Interactions, Frictions and Recent Empirical Evidence’ (Senior Author, forthcoming)

(with M Haentjens), European Banking and Financial Law (2nd edn Routledge, London and New York 2018) (second revised edition accepted for publication after a review by three anonymous reviewers) (Joint Author)

(with M Haentjens), European Banking and Financial Law Statute (Routledge, London and New York 2017) (accepted for publication after a review by three anonymous reviewers) (Joint Author)

(with K Myhill) 'Age Discrimination: a "too Young' Protected Characteristics?' [2017] International Perspectives on Equality and Diversity (forthcoming)  

P de Gioia Carabellese, ‘The Directive on the Credit Agreements for Consumers relating to Residential Immovable Property (Directive 2014/17): a Regulatory Explanation and a Private Law Analysis’ (forthcoming 2018) European Business Law Review (Sole Author) (accepted for publication)

Securitisations, in I MacNeil & IH Chiu (eds), Research Handbook on Shadow Banking: Legal and Regulatory Aspects. Edward Elgar’s Series (forthcoming 2017) 

(with M De Poli), 'The Minority Directors in the Corporate Governance of EU Listed Companies: a Chimera or a Possibility?' [2017] Maastricht Journal of European and Comparative Law (forthcoming) (ISSN 1023-263X)

(with C Chessa), 'Missives and Deposit in Socts Law: Diachronic and Comparative Relfections about the Concept of Arrha' [2017] European Business Law Review (forthcoming)  

'Compound Interest and its Validity (or Invalidity): the State-of-the-Art of British Common Law Discussed by Virtue of  a Comparative Analysis' (2016)5 Law and Economics Yearly Review 174-200 (ISSN 2050-9014)

(with C Chessa) ‘The So-Called Pan-European Depositors’ Protection Scheme: a Further Euro own-goal? A critical analysis of Directive 2014/49’ (2016)23 Maastricht Journal of European and Comparative Law 241-260

(with C Chessa) ‘Il Cosiddetto Sistema Paneuropeo di Protezione dei Depositanti: un Ulteriore Euro Autogol? Un’Analisi Critica della Direttiva 2014/49’ (The So-Called Pan-European Depositors’ Protection Scheme: a Further Euro own-goal? A critical analysis of Directive 2014/49) (2016)78 Banca, Borsa e Titoli di Credito 332-352 (ISSN: 0390-9522) (in Italian)

'The Employee Shareholder: Rules, Interpretation and Lacunae of a New Subcategory of the Contract of Employment' (2016)5 E-Journal of International and Comparative Labour Studies 1-27 (ISSN: 2280-4056)

(with A Sangiorgio) ‘Il Lavoratore Subordinato con Azioni ma Liberamente Licenziabile: la Nuova Figura dell’Employee Shareholder in Gran Bretagna’ (The Employee with Shares albeit Susceptible to Being Fired in Great Britain) (2016)26 Diritto delle Relazioni Industriali 319-334 (ISSN: 1121-8762) (in Italian) 

'The Bank Insolvency Directive (Directive 2001/24/EC) halfway between Scylla (Polictics) and Charybdis (Finance): a Comparative and Empirical Analysis' (2015)2 Law and Economics Yearly Review 178-195 (ISSN: 2050-9014)

(with M Haentjens), European Banking and Financial Law 2015 (Routledge 2015) 1-245 (ISBN 1138897965)

‘The Employee Shareholder: the Unbearable Lightness of Being …. an Employee in Britain’  (2015)22 Maastricht Journal of European and Comparative Law 81-95 (ISSN 1023-263X) 

‘Corporate governance of British Banks and Duties of Directors: Practical Implications of the Royal Bank of Scotland’s Demise’ (2014)2 Law and Economics Yearly Review 134-165 (ISSN: 2050-9014)

(with C Chessa) ‘Il passaggio del rischio nella vendita della proprietà e la massima (oscura) res perit domino fra tradizione scozzese e tradizione continentale’ (‘The Passing of the Risk in the Sale of a Heritable Property and the (Obscure) Roman Maxim Res Perit Domino in between Scotland and the “Continental” Tradition’) [2014] Contratto e Impresa/Europa 296-318; (ISSN 11272872) (in Italian)

  

List of Publications (REF 2014)

(with N Cecchetto) ‘The Anatomy (or Post Mortem) of a Peculiar Legal Concept in the Italian Company Law: the Separate Fund’ (2013)2 European Company Law 45,50 (ISSN: 1572-4999)

(with C Chessa) ‘Le “Missive” nel Sistema Giuridico Scozzese e la Caparra Penitenziale nella Contrattazione Preliminare in Italia: Riflessioni Diacroniche e Comparatistiche’ (‘Diachronic and Comparative Reflections in the Matter of the concept of the Arrha: a Roman Law Notion lost in the Modern Scottish System of the Missives and their Renowned (but probably not totally Demonstrated) “Binding” Nature’) 2013(1) Contratto Impresa Europa; (in Italian) 

(together with M Shuttleworth) ‘Unfair Dismissal of Agency Workers or Unfair Legislation in the UK for Businesses using Agency Workers. A Law Discussion on the Agency Workers Regulations in the light of a Theoretical – or too Theoretical – Harmonisation and from a Tenuous Perspective of Comparative Analysis’ 2013(5) European Business Law Review 849,872 (ISSN: 0959-6941)

(together with R Colhoun) ‘Associative Discrimination in Britain and in the European Union: a Concept still too Elastic to be Legislated?’ 2012(vol I - no 3-4) E-Journal of International and Comparative Labour Studies 247,261 (ISSN 2280-4056)

(together with Zilio-Grandi) ‘The Dismissal by way of Redundancy in the United Kingdom as a Possible Legal Concept to be transplanted in Italy? A Meditation on the “Odyssey of an Impossible Dismissal (the Economic Dismissal in Italy) and a Possible inspirational Muse (the British Legislation in the matter of the Redundancy)’ 2013(6) European Business Law Revie 849,872 (ISSN: 0959-6941)

'Analisi del quadro normativo del licenziamento economico (economic dismissal) nel Regno Unito; un possibile modello di riferimento per l’Italia' (A legal analysis of the economic dismissal (redundancy) in the UK: a possible yardstick for the Italian legislation) 2012(4)XXII Diritto delle Relazioni Industriali 1085,1107 (in Italian)

'Analisi del quadro normativo del licenziamento economico (economic dismissal) nel Regno Unito; un possibile modello di riferimento per l’Italia' (A legal analysis of the economic dismissal (redundancy) in the UK: a possible yardstick for the Italian legislation) in Working Paper no 124 (15th March 2012 Adapt – Centre for Research “Marco Biagi” Modena) 1,12 (in Italian);

‘Le Insolvenze Civili e Commerciali nel Regno Unito, in un’Analisi Comparata con la Legislazione Italiana’ (The Civil and Commercial Insolvencies in the UK, within the context of a Comparative Analysis with the Italian Legislation) 2011(6) Diritto Fallimentare 529,614 (ISSN: 0391-5239) (in Italian)

(together with I A Savini) ‘La “231” nel Regno Unito: Riflessioni Comparatistiche in merito al c.d. Omicidio Societario (Corporate Manslaughter) e al Corporate Manslaughter and Corporate Homicide 2007’ 2011(3) La Responsabilità amministrativa delle società e degli enti (Rivista 231) 111,134 (ISSN 2239-2416) (in Italian)

‘Non-executive Directors and Auditors in the context of the UK Corporate Governance; two (or too many?) “Characters” still in the Search of an Author?’ 2011(6) European Business Law Review 759,789 (ISSN: 0959-6941)

The Concepts of the Scottish (and Italian) Unilateral Promise and the English Unilateral Contracts. (Comparative Law Reflections on “Call Options” and “Put Options” in the light of the Jurisdictions of England, Scotland and Italy)’ 2011(3) European Business Law Review 381,398 (ISSN: 0959-6941)

“Defensive Measures in the Take-overs” in M Sandulli and V Santoro (directors), Collana Le nuove leggi del diritto dell'Economia (Edited Book The ultimate Acts in the Field of the Economy) in G Fauceglia (ed), Commentary to the new Italian Take-over legislation (Commentario alla direttiva OPA) (Giappichelli Editore, Turin 2010) 49,100 (ISBN 978-88-348-0073-7) (in Italian) 

‘“Derivatives” in the light of the Recent Financial Crises (Lehman Brothers) and through Glimpses of Comparative Analysis – (2010)3 Rivista Trimestrale di Diritto dell’Economia 234,257 (ISSN 2036-4873)

‘Gli “agency workers” nel Regno Unito fra common law e disciplina comunitaria’ (‘Agency Workers in the UK between Common Law and the Ultimate Piece of EU Legislation’) 2010(2) Il Lavoro nella Giurisprudenza Wolters Kluwer143,158; (ISBN: 88-13-02460-0) (in Italian)

‘Corporate governance, amministratori non-executive e auditors sull’asse Roma-Londra (‘Corporate Governance, Non-executive Directors and Auditors in between Rome and London’) 2009(9) Le Società Wolters Kluwer 1556,1574; (ISBN: 88-13-02020-0) (in Italian)

‘I doveri dei “members” del “Board of Directors” e le relative responsabilità alla luce del nuovo Companies Act 2006’ (‘Duties of the Directors and Relevant Responsibilities in the light of the new Companies Act 2006’) 2009(6) Le Società Wolters Kluwer 784,798 (ISBN: 88-13-02020-0) (in Italian)

‘Commentary sub artt. 2409-bis, 2409-ter, 2409-quater of the Italian Civil Code’ (‘Liability of Auditing Firms in the financial statement certification’) in G Schiano di Pepe and G Fauceglia (eds), Commentario delle Società per Azioni (Joint Stock-company Commentary Treatise) (UTET, Torino 2007) 929,971; (ISBN 978-88-598-0126-9) (in Italian)

Biography

I am currently Associate Professor of Business Law at the School of Management and Languages at Heriot Watt University, Edinburgh, where I started as lecturer in 2008. I was appointed Associate Professor in 2012. I have a permanent basis contract and I work full-time.

I am currently course-leader of International Banking and Financial Law (fourth your, honours’ level) and Employment Law (third year). In the past I have also been in charge of courses in Company Law at the Dubai Campus (2008/2009), International Trade Law (2012/2013) and a course of Law in HR Management (2008 to /2015). I am a Fellow of the Higher Education Academy (FHEA; since 2010) and a member of the Scottish Graduate School of Arts and Humanities (since 2014).

In 2012, I won the student award at HWU for ‘Best Lecturer, Innovative Feedback’ and in 2014 I was awarded the prize as ‘Most Supportive Lecturer’ in the Business Management Department. In 2015, I have just completed the ‘treble’: I won the University special ‘Suave Award’. Prior to my appointment at Heriot-Watt University, I was tutor at the University of Edinburgh – Law School, in both contract law and tort, and visiting lecturer in Business Law I and Business Law II at Glasgow Caledonian University.

Graduating in Law from the University of Bari, Italy (summa cum laude) I then went on to complete my Ph.D. in Banking and Financial Law (Siena). I also have an LL.M. in European and International Trade Law (with distinction; Glasgow Caledonian University) and a PGCAP (Post-graduate Course in Academic Practice; Heriot-Watt University). Additionally, I have a Diploma in Classical Studies (Lyceum Gymnasium 60/60). I am qualified as a lawyer in both Italy (Avvocato) and Scotland (Solicitor and Notary Public)

Following the completion of my Law degree I worked as a lawyer in the legal department of a number of large corporate banking and financial institutions (IMI, SAN PAOLO IMI, Deutsche Bank, where I was the head of the Corporate and Investment Banking Legal Department) as well as for the international Law Firm Baker & McKenzie (where I was Senior Associate in the Practice Group Banking, Finance and Securities). Latterly, I have worked and I am still working independently as a legal advisor and advocate providing legal assistance in the negotiation of international commercial and financial contracts (derivatives, credit derivatives, loans, syndicated loans, securitizations) to a number of corporations and financial institutions in Europe. I also provide advice in structured finance (securitizations) and capital markets transactions (M&As, take-overs, IPOs).

To date, I have contributed to more than 50 publications in the area of Business Law, with topics spanning Banking and Financial Law, Company Law, Employment Law and the Comparative Analysis in law. In 2014 I wrote with Matthias Haentjens, professor of Banking Law at the University of Leiden Law School, a textbook in European Banking and Financial Law; the book has been published by Routledge UK in June 2015. I am a member of the Editorial Board of both the Rivista Trimestrale di Diritto dell’Economia. I have been recently awarded with a sabbatical for 2016 and, thanks to a research grant of euro 17,000, I have bought out my courses for the first semester of academic year 2015/2016. Finally, at HWU four of my publications have been selected and submitted for the REF 2014.

At Heriot-Watt University, I have been the Director of the Business Management Degree Programme since 2011. In the last 7 years, I have promoted and finalised the conclusion of partnerships with a number of Universities, among the others: Carlos III; Ca’ Foscari University of Venice; Ludwig Maximillian University Munich.

I have been Visiting Scholar in Banking and Financial Law at the law school of the University of Leiden (Hazelhoff Centre for the Financial law) since July 2014. I am also Professor of the Ph.D. School in Employment Law and Human Capital Formation at the University of Bergamo and Adjunct Professor of International Financial Law, at the University of Padua (‘MASCI’ post-graduate programme in International Commerce). The latter appointment involves 16 hours of teaching in English over two consecutive weekends. In academic year 2014/2015, I was appointed visiting lecturer in labour law at the Law School of the University of Stirling, where I delivered an entire course to 20 students. At Ca' Foscari, University of Venice, I have been Vsiting and Adjunct Professor in Mergers and Acquisitions (Law) since 2015.  

I am fluent in English and Italian and conversant in both French and Spanish and I am dual citizen (British and Italian). I learned Latin and Ancient Greek for five years when I was at the Gymnasium. I still love the reading of the Roman classics I their original languages.

External positions

Visiting Scholar in International Financial Law - Hazelhoff Centre of Financial Law (Leiden), Leiden University

1 Jul 201531 Dec 2015

Adjunct Professor in International Financial Law (MSc Masci - Padua), University of Padua

15 Jan 201431 Dec 2015

Professor at the Ph.D. School in Human Capital Formation and Employment Law (Bergamo), University of Bergamo

1 Jul 201231 Dec 2015

Keywords

  • K Law (General)
  • Business Law
  • Contract Law
  • Banking and Finance Law
  • Employment Law
  • Capital Markets Law

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Research Output 2010 2016

Age Discrimination: a "too Young' Protected Characteristics?

de Gioia-Carabellese, P. & Myhill, K. 12 Aug 2016 In : International Perspectives on Equality and Diversity. 2017, 1, 30 p.

Research output: Contribution to journalArticle

ageism
contract
employee
service
talus
infrastructure

Activities 2014 2015

  • 4 Other
  • 2 Participation in workshop, seminar, course

European Labour Law

De Gioia-Carabellese, P. (Chair)
16 Apr 201418 Apr 2014

Activity: Other

International Labour Law

De Gioia-Carabellese, P. (Chair)
17 Apr 201418 Apr 2014

Activity: Other

PHD AND FACULTY SEMINAR’S IN EMPLOYMENT AND BUSINESS LAW – 2014

De Gioia-Carabellese, P. (Invited speaker)
4 Jun 2014

Activity: Participation in workshop, seminar, course