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International Commercial Courts: The Future of Transnational Adjudication

International Commercial Courts: The Future of Transnational Adjudication

Author: Stavros Brekoulakis; Georgios Dimitropoulos
Publisher: Cambridge University Press
ISBN: 9781316519257
Published In: April 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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

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