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14 results

  • International Commercial Courts: The Future of Transnational Adjudication – An Introduction

  • Edited by Stavros Brekoulakis, Queen Mary University of London, Georgios Dimitropoulos
  • Book:
    International Commercial Courts
    Published online:
    14 April 2022
    Print publication:
    21 April 2022, pp 1-26

  • Summary

    In a world of cross-border transactions, parties could not find until recently recourse to international courts for cases involving exclusively private parties from different jurisdictions. International commercial arbitration instead assumed the role of default jurisdiction for the resolution of disputes of such cross-border transactions. The identified gap in international adjudication has eventually given rise to a new species of courts: international commercial courts (ICommCs). ICommCs are domestic courts as they are established under a domestic legal order, but are different from the ordinary courts of the host jurisdiction in a number of ways. At the same time, they have an international character due to their institutional design as well as the cross-border nature of their caseload. ICommCs are a novel addition to the international dispute settlement system as they represent an effort to globalise dispute resolution using a bottom-up approach. Overall, they are part of a new form of transnational adjudication that blurs traditional dichotomies between domestic and international, and public and private.

International Commercial Courts
  • The Future of Transnational Adjudication
  • Edited by Stavros Brekoulakis, Georgios Dimitropoulos
  • Published online:
    14 April 2022
    Print publication:
    21 April 2022
  • The book offers a comprehensive analysis of the role, importance and place of international commercial courts in the field of international adjudication from a comparative perspective. In a time where scholarly and academic debates revolve around the issues of the role of law in the post-globalization era, the new international commercial courts seem to be in the position to bridge concerns regarding diminished sovereignty, on the one hand, and the necessity of globalizing dispute resolution, on the other. International commercial courts thus present themselves as the paradigm for the future of adjudication.