O potrzebie utworzenia wyspecjalizowanych sądów do rozstrzygania międzynarodowych spraw handlowych – doświadczenia Niemiec oraz innych wybranych państw członkowskich UE

Abstract

The article discusses specialized courts for Cross-border commercial cases in Germany and other selected Member States of the European Union. The article is divided into four parts, including: (1) introduction; (2) a discussion of the specialized court for cross-border commercial cases in Frankfurt on the Main; (3) a comparison of the aforementioned German court to initiatives in France, the Netherlands, and Ireland, as well as at initiatives at EU level; and (4) conclusions. The aim of this article is to emphasise the need for specialization on the court’s part in the field of resolving international commercial disputes on the basis of experiences from Germany and selected other EU Member States. The direct impulse for establishing specialized courts for cross-border commercial cases was caused by the UK’s exit from the EU (Brexit). The German initiative fits in with European initiatives taking place in Ireland, France and the Netherlands in the field of appointing courts before which proceedings could be brought in international commercial disputes. On the basis of experiences of those countries such courts should have the following features: (1) the proceedings should be conducted in English, both the oral part and the written part; (2) it is best when among judges, all of whom speak English, there are ‘experts’ in international commercial disputes; (3) the proceedings should be de-formalized and as short as possible; (4) the parties should be given the autonomy to choose the court’s jurisdiction; (5) the costs of proceedings should be competitive compared to costs of similar proceedings in other EU Member States.