Relational analysis of the international commercial court and international arbitration to improve the legal environment for resolving international business disputes

Abstract

Business is becoming more and more globalised, resulting in increased competitiveness, which drives down prices and provides a greater variety of choice for consumers. However, there are also challenges presented by the globalisation of businesses and international commercial courts across the globe exist to navigate these issues. Globalised businesses are subject to the legal judgements of the country in which they are based, as well as the legal judgements of the countries in which they operate. Therefore, the presence of international commercial courts is crucial for promoting the use of international arbitration and international alternative dispute resolutions (ADR), in which disputes are resolved outside of court. Professor Akira Saito, Graduate School of Law, Kobe University, Japan, is exploring the relationship between international commercial courts and international arbitration with the goal of improving the legal environment in different countries and resolving international business disputes. Discussions with his mentor, Professor Oliver Williamson, University of California, led Saito to this project, which is an interdisciplinary study of law that is seeking to develop the next generation of lawyers and business people with a well-rounded perspective of the legal system and the ability to utilise it in a manner that helps develop business activities.