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International Commercial Courts
The Future of Transnational Adjudication

Part of Studies on International Courts and Tribunals

Georgios Dimitropoulos, Stavros Brekoulakis, Christopher Grout, Thomas Schultz, Christopher Vajda, Ilias Bantekas, Janet Walker, Eva Lein, Man Yip, Mateja Durovic, Faris Elias Nasrallah, Marieke Witkamp, Catherine A. Rogers, Zachary R. Calo, Pietro Ortolani, Julian Bailey, Michael Patchett-Joyce, Georgia Antonopoulou, Salvatore Caserta, Mikael Rask Madsen, Julien Chaisse, The Rt. Hon. The Lord Woolf CH, Christopher Campbell-Holt, Geert Van Calster, Susan L. Karamanian
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  • Date Published: April 2022
  • availability: Available
  • format: Hardback
  • isbn: 9781316519257

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  • 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.

    • Provides the first comprehensive account of international commercial courts in their relationship to international and domestic courts and tribunals
    • Presents international commercial courts as a global institutional phenomenon, allowing conclusions to be drawn on their role in the system of international and transnational dispute settlement, as well as providing insights for policymakers on how to improve their design
    • Provides theoretical and practical insights from a wide range of academics and practitioners from different jurisdictions
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    Product details

    • Date Published: April 2022
    • format: Hardback
    • isbn: 9781316519257
    • length: 424 pages
    • dimensions: 235 x 157 x 35 mm
    • weight: 0.98kg
    • availability: Available
  • Table of Contents

    Introduction by the Editors International Commercial Courts: The Future of Transnational Adjudication – An Introduction Georgios Dimitropoulos and Stavros Brekoulakis
    Part I. A Contextual Perspective to International Commercial Courts:
    1. The role of international commercial courts in commercial dispute resolution Christopher Grout
    2. International commercial courts: Possible problematic social externalities of a dispute resolution product with good market potential Thomas Schultz
    3. Transnational adjudication and the court of justice of the European union Christopher Vajda
    4. Lessons for international commercial courts from the experience of the proliferation of international criminal tribunals Ilias Bantekas
    Part II. Jurisdiction, Applicable Law and Enforcement of Judgments:
    5. A comparative perspective to international commercial courts: Jurisdiction, applicable law and enforcement of judgments Janet Walker
    6. Jurisdiction and choice of court clauses in favour of international commercial courts Eva Lein
    7. The battle for jurisdiction through jurisdictional requirements: Comparing between the Chinese international commercial courts, the Singapore international commercial court and the commercial court of England and wales Man Yip
    8. Harmonization of commercial law based on the common law: The role of international commercial courts Mateja Durovic
    9. Applicable laws in the international commercial courts of the Gulf Faris Elias Nasrallah
    Part III. Procedure, Function, Organization:
    10. The design of international commercial courts: From organizational hybridity to functional interoperability Georgios Dimitropoulos
    11. Internationalizing domestic courts in Europe: A comparative analysis on procedure, function, organization Marieke Witkamp
    12. The legitimacy and ethics of international commercial court judges Catherine A. Rogers
    13. Counsel ethics in transnational lawyering: The case of international commercial courts Zachary R. Calo
    14. The use of technology at international commercial courts Pietro Ortolani
    Part IV. The Interplay between International Commercial Courts and other Dispute Resolution Fora:
    15. The interplay between international commercial courts and ordinary courts Julian Bailey
    16. Private autonomy in international commercial dispute resolution: International commercial arbitration and international commercial courts Michael Patchett-Joyce
    17. Procedure before international commercial courts and ordinary courts: A comparative perspective Georgia Antonopoulou
    Part V. International Commercial Courts and Global Governance:
    18. Hybridity in international adjudication: How international are international commercial courts? Salvatore Caserta and Mikael Rask Madsen
    19. The China international commercial court: Architecture, pitfalls and promises Julien Chaisse
    20. The emergence of international commercial courts and dispute resolution centres in frontier markets: A perspective from Kazakhstan The Rt. Hon. The Lord Woolf CH and Christopher Campbell-Holt
    21. Brexit and the competition of dispute resolution Fora in Europe: Whither the rush to English courts post withdrawal? Geert Van Calster
    22. International commercial courts, dispute resolution, and the rule of law Susan L. Karamanian.

  • Editors

    Stavros Brekoulakis, Queen Mary University of London
    Stavros Brekoulakis is Professor in International Arbitration at Queen Mary University of London.

    Georgios Dimitropoulos, Hamad Bin Khalifa University
    Georgios Dimitropoulos is Associate Professor of Law and Associate Dean for Academic Affairs, Hamad Bin Khalifa University College of Law.

    Contributors

    Georgios Dimitropoulos, Stavros Brekoulakis, Christopher Grout, Thomas Schultz, Christopher Vajda, Ilias Bantekas, Janet Walker, Eva Lein, Man Yip, Mateja Durovic, Faris Elias Nasrallah, Marieke Witkamp, Catherine A. Rogers, Zachary R. Calo, Pietro Ortolani, Julian Bailey, Michael Patchett-Joyce, Georgia Antonopoulou, Salvatore Caserta, Mikael Rask Madsen, Julien Chaisse, The Rt. Hon. The Lord Woolf CH, Christopher Campbell-Holt, Geert Van Calster, Susan L. Karamanian

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