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
- 15 The Interplay between International Commercial Courts and Ordinary Courts
- 16 Private Autonomy in International Commercial Dispute Resolution
- 17 Procedure before International Commercial Courts and Ordinary Courts
- Part V International Commercial Courts and Global Governance
- Index
16 - Private Autonomy in International Commercial Dispute Resolution
International Commercial Arbitration and International Commercial Courts
from Part IV - The Interplay between International Commercial Courts and Other Dispute Resolution Fora
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
- 15 The Interplay between International Commercial Courts and Ordinary Courts
- 16 Private Autonomy in International Commercial Dispute Resolution
- 17 Procedure before International Commercial Courts and Ordinary Courts
- Part V International Commercial Courts and Global Governance
- Index
Summary
This chapter looks at the current relationship between international commercial courts (ICommCs) and international commercial arbitration (ICA). It first covers the historical background and current drivers for international dispute resolution. It finds ICommCs are of complex identity whose utility will be tested by market choice. The chapter then discusses what is meant by autonomy in the present context, and continues by looking at the needs and requirements of international dispute resolution (‘imperatives’) from a number of perspectives: those of the consumer (the ‘business imperative’), of governments (the ‘political imperative’) and of non-arbitral decision-makers (the ‘jurisprudential imperative’). From that review, a measure of interdependence between ICA and ICommCs emerges. The chapter ends with the conclusion that ICA and ICommCs will enjoy a competitive and collaborative, but not hybrid, relationship.
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- Information
- International Commercial CourtsThe Future of Transnational Adjudication, pp. 388 - 420Publisher: Cambridge University PressPrint publication year: 2022