Abstract
In this essay, we describe the overlapping phenomena of new legal hubs (NLHs), international commercial courts, and arbitral courts. We survey their impact on the law and geopolitics of international commercial dispute resolution, identifying key issues these new dispute resolution institutions raise. While the rise of international commercial courts spans authoritarian and liberal states, Western and Asian states, common law and civil law traditions, it also highlights and builds upon regional differences. We question the assumption that the establishment of new courts is always consistent with an increase in the rule of law, particularly in non-democratic states. We close with thoughts about the potential influence and future role of these institutions. Some of the procedural innovations discussed here may lead to shifts in international commercial dispute resolution for years to come, but the question of whether there is sufficient demand for these new institutions lingers.
Highlights
We describe the overlapping phenomena of new legal hubs (NLHs), international commercial courts, and arbitral courts
We survey their impact on the law and geopolitics of international commercial dispute resolution, identifying key issues these new dispute resolution institutions raise
The disputes involve all manner of corporate and commercial matters including, inter alia, construction, project finance, data protection, employment, insolvency, securities, and enforcement of arbitral agreements and awards. These dispute resolution mechanisms feature a variety of hybridized approaches to dispute resolution, including international commercial courts, some of which we have called “arbitral courts” because of their flexible procedures, foreign judges, and other features that mimic arbitration.[2]
Summary
We describe the overlapping phenomena of new legal hubs (NLHs), international commercial courts, and arbitral courts We survey their impact on the law and geopolitics of international commercial dispute resolution, identifying key issues these new dispute resolution institutions raise. The disputes involve all manner of corporate and commercial matters including, inter alia, construction, project finance, data protection, employment, insolvency, securities, and enforcement of arbitral agreements and awards. These dispute resolution mechanisms feature a variety of hybridized approaches to dispute resolution, including international commercial courts, some of which we have called “arbitral courts” because of their flexible procedures, foreign judges, and other features that mimic arbitration.[2].
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