Book contents
- International Commercial Courts
- Studies on International Courts and Tribunals
- International Commercial Courts
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- International Commercial Courts: The Future of Transnational Adjudication – An Introduction
- Part I A Contextual Perspective to International Commercial Courts
- Part II Jurisdiction, Applicable Law and Enforcement of Judgments
- Part III Procedure, Function, Organization
- Part IV The Interplay between International Commercial Courts and Other Dispute Resolution Fora
- Part V International Commercial Courts and Global Governance
- 18 Hybridity in International Adjudication
- 19 China International Commercial Court
- 20 The Emergence of International Commercial Courts and Dispute Resolution Centres in Frontier Markets
- 21 Brexit and the Competition of Dispute Resolution Fora in Europe
- 22 International Commercial Courts, Dispute Resolution and the Rule of Law
- Index
22 - International Commercial Courts, Dispute Resolution and the Rule of Law
from Part V - International Commercial Courts and Global Governance
Published online by Cambridge University Press: 14 April 2022
- International Commercial Courts
- Studies on International Courts and Tribunals
- International Commercial Courts
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- International Commercial Courts: The Future of Transnational Adjudication – An Introduction
- Part I A Contextual Perspective to International Commercial Courts
- Part II Jurisdiction, Applicable Law and Enforcement of Judgments
- Part III Procedure, Function, Organization
- Part IV The Interplay between International Commercial Courts and Other Dispute Resolution Fora
- Part V International Commercial Courts and Global Governance
- 18 Hybridity in International Adjudication
- 19 China International Commercial Court
- 20 The Emergence of International Commercial Courts and Dispute Resolution Centres in Frontier Markets
- 21 Brexit and the Competition of Dispute Resolution Fora in Europe
- 22 International Commercial Courts, Dispute Resolution and the Rule of Law
- Index
Summary
A small but influential number of States or their subdivisions have put substantial resources into establishing courts that operate outside of or have a special status within their traditional judicial systems. In instances, the judges of these courts are not citizens of the seats of the respective courts. The courts typically apply foreign law and do so in English. Why the removal of certain cases from local courts and local law or the establishment of new specialized courts within existing systems? An argument is that the new courts enhance the rule of law, both in the location of the court as well as regionally and even internationally. This chapter examines court rules and practices to assess the influence of international commercial courts on the rule of law.
- Type
- Chapter
- Information
- International Commercial CourtsThe Future of Transnational Adjudication, pp. 515 - 535Publisher: Cambridge University PressPrint publication year: 2022