International Commercial Courts in the Litigation Market

Abstract

The expression ‘international commercial courts’ refers to national judicial bodies set up in the last fifteen years in several jurisdictions throughout the world to suit the specific demands of international commercial litigation. The courts and the proceedings before them share unique features often imported from the common law tradition and the arbitration world, with a view to providing for a dispute resolution mechanism tailored to the subject-matter. This notwithstanding, there is no single model of international commercial court: rather, each of them presents its own distinctive characteristics. This paper summarizes the main traits of several international commercial courts in Asia, Middle East and Europe. At a second stages, it explores their relationship with international arbitration, on the one hand, and among them, on the other, at a time when dispute resolution mechanisms in competition is seen as an incentive for the improvement within justice systems at a global level, and the term ‘litigation market’ has become common place. In this context, elements such as the language of the process, the possibility of being represented by foreign lawyers, or the existence of a network of instruments for the enforcement of decisions abroad, may prove decisive in the choice of the users to file claim with a court (and which one), or going to arbitration.