International Commercial Court Research Articles

ESTABLISHING AN INTERNATIONAL COMMERCIAL COURT IN SAUDI ARABIA: LESSONS FROM DUBAI AND SINGAPORE

This article discusses the need and the benefits of establishing an international commercial court in Saudi Arabia. Since Saudi Arabia’s legal system has been criticized regarding its openness to international investments, this issue is observed from the perspective of potential investors and business partners interested in doing business in Saudi Arabia. The aim is to determine how setting up a specialized international commercial court will improve the environment for investments and remove legal uncertainties that arise from the lack of such courts. Furthermore, a brief overview of the international rise of commercial courts worldwide will be provided, with comparative examples of the courts in Dubai and Singapore to reveal how those jurisdictions have adapted to the global economy and ensured their positions as regional leaders and investment hubs. The essential procedural rules will be highlighted to provide ideas and directions for Saudi Arabia. Finally, this article will discuss the challenges the Kingdom faces in the race to become the regional investment leader, and then provide some key takeaways. The objective of this article will be to explain how Saudi Arabia will overcome the challenges in establishing an international commercial court that will specialize in the application and interpretation of international commercial regulations, and why the setting up of an international commercial court will have a positive effect on the attraction of foreign investors to do business in the Kingdom. This will be achieved by examining and discussing Dubai and Singapore as comparative legal systems that have already established flexible dispute resolution forums which have been recognized worldwide.

The Jurisdiction of China International Commercial Court: substance, drawbacks, and refinement

The wave of setting up international commercial courts has emerged internationally. Following the trend, China established the China International Commercial Court (CICC) in 2018. The CICC exercises consensual jurisdiction and non-consensual jurisdiction over international commercial disputes, and has jurisdiction to support international commercial arbitration. This article analyses the CICC’s criteria for determining international commercial disputes and the specific requirements for each type of jurisdiction based on the relevant provisions and judicial practice of the CICC. In addition, this article identifies the drawbacks of the CICC’s current jurisdiction system, and provides several suggestions for refinement, including the modification and clarification of the criteria for determining the internationality and commerciality of disputes, the removal of restrictions on jurisdiction agreements, the clarification of substantive standards for case transfer, and the expansion of its jurisdiction to support international commercial arbitration.

International Commercial Courts - the New Movement in Dispute Resolution

Recently, the establishment of international commercial courts in some countries has been creating fruitful changes in the dispute resolution industry. The article provides an overview of dispute resolution mechanisms in international commerce, pointing out that arbitration is the most commonly used mechanism while national courts are the least preferred method. However, both methods have characteristics that need to be improved. On that basis, the author introduces the birth of the international commercial court, approaching the research object from definition, and history and analyzing some salient characteristics by examining some typical international commercial courts that have been founded in Singapore, the United Arab Emirates (Dubai) and the UK (London). For some vital features of the international commercial court, the author analyzes them in comparison with those of arbitration and national courts so that readers may assure of the strengths and weaknesses of these three methods. Finally, after considering the number of caseloads heard in international commercial courts and confirming the potential development of this court model, the author comes to a proposal for Vietnam regarding researching, surveying, and building an international commercial court.

The China International Commercial Court: Establishment and Development in a Global Context

International commercial courts have proliferated in the past 20 years. 1 In 2018, China established specialized international commercial courts in Shenzhen and Xi’an. They are the two branches of the China International Commercial Court (CICC). Since then there has been a proliferation of literature on the CICC. This article provides insights into the recent development of the CICC. The first part of the article explores the background against which the CICC was established. The second part narrates its recent development. The challenges the CICC faces to improve its attractiveness and competitiveness are discussed in the third part and the fourth part considers possible competition between international commercial courts in different jurisdictions. The article closes with a few concluding remarks on the place of the CICC in the global transnational commercial dispute resolution community.

Features of creating the international commercial court as an alternative to the Tashkent international commercial arbitration

Ушбу мақолада Тошкент халқаро тижорат арбитраж марказининг муқобили сифатида хaлқaро тижорaт судини ташкил этишнинг ўзига хос хусусиятлари хорижий тажриба асосида таҳлил қилинган. Мазкур таҳлиллар натижасида Ўзбекистонда хaлқaро тижорaт судини ташкил этиш юзасидан бир қатор таклиф ва тавсиялар баён этилган

International Dispute Resolution of BRI-Related Cases: Changes and Challenges

ABSTRACT Xi Jinping launched the One Belt and One Road Initiative at the end of 2013, known now as the Belt and Road Initiative (BRI). This article aims to outline trends in solving BRI-related disputes with a special focus on China–Africa Joint Arbitration Centres, the China International Commercial Court, and the International Commercial Dispute Prevention and Settlement Organization. This begs the question of whether the newly emerging institutions in China will significantly affect the international dispute resolution landscape. Are those new entities strong and transparent enough to compete with already well-known and recognized international institutions? China takes actions to provide an entire range of services to solve BRI-related cases and proposes an innovative and holistic approach to cross-border disputes stemming from the BRI.

The Rise of the International Commercial Court: A Threat to the Rule of Law?

Abstract Recent years have seen the meteoric rise of the concept of an ‘international commercial court’ in numerous jurisdictions: for example, Dubai established the Dubai International Finance Centre Courts in 2004, Qatar followed suit in 2009 and similar courts have been set up since in Singapore, Kazakhstan, China, Germany, France and the Netherlands. Much work has been done discussing the practicalities of such courts but little thought seems to have been given to the theoretical justification for, and theoretical problems posed by, such courts. In general, such courts are justified on the basis of party autonomy; however, it is not at all clear that party autonomy is the only, or even the main, consideration in international dispute resolution. States also have a clear interest in ensuring that disputes are decided in their jurisdiction to further the development and viability of their own legal system. Other theoretical issues which arise regarding such courts include whether justice is a commodity which can be bought and sold and the potential use of such courts to ‘whitewash’ the serious rule of law concerns that exist in the ordinary courts of certain jurisdictions.

Significance And Challenges For The China International Commercial Court For The Settlement Of Commercial Disputes Under Belt And Road Initiative

Significance And Challenges For The China International Commercial Court For The Settlement Of Commercial Disputes Under Belt And Road Initiative

China International Commercial Court (CICC) in the Context of Commercial Disputes under Belt and Road Initiative: Organizational Structure, Rules and Jurisdiction

China International Commercial Court (CICC) in the Context of Commercial Disputes under Belt and Road Initiative: Organizational Structure, Rules and Jurisdiction

CHINA INTERNATIONAL COMMERCIAL COURT (CICC): INNOVATION AND PRACTICE OF DIVERSIFIED DISPUTE RESOLUTION MECHANISM

The China International Commercial Court (CICC), as a permanent adjudication organ of the Supreme People's Court of China, has built an innovative diversified dispute resolution mechanism on the existing platform. Since its establishment, CICC has been operating steadily and is poised to become a global commercial dispute resolution platform. On this ground, this article suggests that the expert committee mechanism and the information technology application of the «one-stop» platform should be further improved, and the use of diversified dispute resolution should be emphasized to promote the ultimate realization of the results of dispute resolution within the CICC, and ultimately enhancing the credibility and influence of the CICC, so as to build strong brand recognition of the CICC under the momentous changes unseen in a century.

The (in)effectiveness of the decisions Of the world trade organization in the analysis of the negative impacts of the New economic policy for u.s. agriculture

The present research has as its thematic approach, the (in) effectiveness of the decisions of the international commercial court from the recent economic policies for agriculture in the United States in relation to the determinations of the World Trade Organization (WTO) in the litigation on the granting of subsidies to cotton – Upland Cotton. It is the pretension of this research, to delimit the study of the subject in the sense of demonstrating that the United States continued to have negative impacts on the international market, even though they were defeated in the litigation against Brazil in the WTO Dispute Settlement Body. In the litigation of cotton subsidies – Upland Cotton, Brazil and the United States enter into controversy regarding the granting of this instrument of economic policy by the U.S. government to an industry in which Brazil has comparative advantages and competitive production, especially in international trade. The WTO ruling on the case has proved that the U.S. economic policy on the use of subsidies, in particular those granted to agriculture, constitute a protectionist practice that interferes negatively with international trade. An interdisciplinary legal analysis from the economic and political point of view is essential in the context of international trade relations that have a profound impact on U.S. trade policy practices.

The Legitimacy and Ethics of International Commercial Court Judges

This Chapter examines the link between the legitimacy of international commercial courts and the ethics of its judges. It starts from the premise that professional ethics are not only a matter of the personal and professional integrity of judges. Instead, the Chapter argues, different functional roles may affect what is considered appropriate for a judge. To demonstrate this argument, the Chapter analyzes the example of ex parte communication between judges and parties or their lawyers, and the cultural differences among legal systems. It concludes by calling on the host States to commit energy and resources to develop separate codes of conduct for the international commercial courts that they have created.

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

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.

The China International Commercial Court: towards an integrated dispute resolution system

ABSTRACT The recent proliferation of international commercial courts has become a distinct phenomenon in the landscape of international dispute resolution. While the newer international commercial courts have followed the earlier ones and exhibited features of ‘specialisation’ and ‘internationalisation’, some have gone further to develop a new feature of ‘integration’ by incorporating elements of other methods of dispute resolution—notably, arbitration—into their design and operations. In this regard, the newly established China International Commercial Court (CICC) breaks new ground by creating a ‘one-stop’ and diversified dispute resolution mechanism, which institutionally integrates litigation, arbitration, and mediation into one unified platform. This mechanism is guided by the idea of ‘diversified dispute resolution mechanism’ reform promoted and practiced by the Chinese judicial system; underpinned by institutional arrangements such as the International Commercial Expert Committee (ICEC) and the Coordination and Guidance Office of the CICC; and implemented by procedural designs that deeply integrate international commercial litigation with arbitration and mediation. By conceptualizing the mechanism as an ‘integrated dispute resolution’ (IDR) system, enhancing institutional cooperation and setting up demonstrative IDR centres, the CICC and the ‘one-stop mechanism’ can be further improved to provide an innovative ‘Chinese approach’ to international commercial dispute resolution, for the Belt and Road region and beyond.

‘Sharp Ears to Hear a Thunderclap’? The rise of mediation in the international dispute prevention and settlement system of the belt and road initiative

ABSTRACT The Convention on International Settlement Agreements Resulting from Mediation is one of the newest contributing factors to a virtuous circle upholding the foreseeable rise of mediation in cross-border business and investment disputes. This article analyses how the on-going institutionalization of the international dispute prevention and settlement system of the Belt and Road Initiative (BRI) is both being informed by, and is further contributing to, the global rise of mediation at a time when the international adjudicative system is in turmoil. The BRI is bound to generate a large number of complex international disputes ranging from international trade to investment and commercial disputes. This, in turn, has spurred two notable developments: 1) Chinese and regional arbitral institutions, legal regimes and investment treaty networks are currently adapting to better cater for the growing demand for commercial and investment arbitration in the context of the BRI. 2) The China International Commercial Court, which innovatively integrates ‘litigation, arbitration and mediation’ in its new ‘one-stop’ diversified settlement system, and a series of legal and institutional initiatives, namely the new International Commercial Dispute Prevention and Settlement Organization, are, in turn, paving the way for a greater use of mediation in cross-border business and investment disputes in the context of the BRI. This article examines these developments in the light of China’s broader relationship with international adjudication and elaborates on a number of arguments to help rationalising why mediation is gaining ground in the on-going institutionalization of the International Dispute Prevention and Settlement System of the BRI.

A China-led comprehensive dispute settlement mechanism for the Belt and Road Initiative: is it too early?

ABSTRACT Since the Belt and Road Initiative (BRI) was proposed in 2013, researchers have discussed the establishment of pertinent comprehensive dispute settlement bodies or mechanisms led by China. Practices concerning the China International Commercial Court (CICC) have seemingly provided evidence that the time is ripe for China to introduce a more integrated and institutional dispute settlement system. However, such analysis partially overlooks several elements key to the efficient functioning of the BRI. This article intends to explore the feasibility of establishing a comprehensive China-led BRI dispute settlement mechanism, as a matter of policy choice based on the following aspects: whether the cooperation model and development prospects of the BRI currently support a China-led dispute settlement mechanism, whether the BRI’s existing dispute settlement mechanism is irreplaceable in terms of its potential for improvement and recognition by countries, and whether China and the BRI countries have established sufficient relationships of mutual trust in terms of economic and political relations, and have a reliable legal basis for designing and participating in the new system. Based on these three perspectives, this study concludes that it is not advisable for China to hasten to establish a unified BRI dispute settlement mechanism. Instead, China should uphold the principle of openness and inclusiveness, adhere to the principle of achieving shared growth through discussion and collaboration, and efficiently manage the BRI dispute settlement issue using existing bilateral and multilateral ties with BRI countries.

International Commercial Courts in the United States and Australia: Possible, Probable, Preferable?

As worldwide interest in international commercial courts grows, questions arise as to whether individual nations can or should seek to compete in the “litigation market” by developing their own cross-border business courts. This essay compares the prospects of the United States and Australia in this regard, focusing on whether it is possible (Section II), probable (Section III), and preferable (Section IV) for one or both of these two federalized, common law nations to develop an international commercial court as part of their national judicial systems. The inquiry is particularly intriguing given that one country (the United States) has had a somewhat uneven relationship with international engagements while the other (Australia) is maintaining or increasing its connections to the rest of the world. Although this discrepancy could be used to explain the relative status of the debate about international commercial courts, which is much more advanced in Australia than in the United States, it is also possible that the distinctions between the United States and Australia are motivated by other factors. While neither country appears poised to create an international commercial court at the moment, the current analysis helps identify the types of factors that policy-makers can and should consider when contemplating reforms of this nature.

International commercial courts as new actors in adjudication business: Collaborators or competitors?

International commercial courts are a relatively new phenomenon that changes the configuration of the international adjudication business. As novel players on the dispute resolution scene, these courts challenge the notion of competition between the existing actors in the business. From the perspective of arbitration, international commercial courts tend to be perceived as both collaborators and competitors. Furthermore, various driving forces influenced the creation of these courts, which gave them a hybrid structure and a quite unique institutional appearance. This article examines three prominent courts in three different parts of the world: the Dubai International Financial Centre Courts (DIFCC), the Singapore International Commercial Court (SICC) and the Netherlands Commercial Court (NCC). The aim is to identify the main features of these adjudication actors that operate within three highly commercially relevant geographic regions in order to outline their character and role on the adjudication business stage. Eventually, through these examples this article addresses the puzzling question of competition versus cooperation in contrast to arbitration. Nevertheless, it is still hard to give a definitive answer - it seems too early for a firm prediction regarding the future of these projects. Jurisprudence must be developed in order to comprehensively test the success of international commercial courts

Conservative Innovation: The Ambiguities of the China International Commercial Court

In the global development of new international commercial dispute resolution centers, the China International Commercial Court (CICC) represents a genuine innovation in China's legal history. The CICC aims to become a dispute resolution “one stop shop” (combining litigation, arbitration, and mediation) for Belt and Road Initiative (BRI) related disputes. Despite its name and ambition, however, the CICC operates more like a domestic court. The CICC's stringent jurisdictional requirements and conservative institutional design show that the CICC cannot serve its stated objective of attracting new investment opportunities or foreign parties to the Chinese forum. These defects are not fatal but will have to be addressed for the CICC to reach its full potential of hybridization of litigation and arbitration both in and beyond China.

Advancing Thought-Leadership in Mediation: Highlights from the work of SIDRA

This chapter on mediation focuses on the work of the Singapore International Dispute Resolution Academy (SIDRA), a research centre at the Singapore Management University School of Law. It explores how SIDRA has created a platform for thought-leadership in international dispute resolution theory, practice and policy, and explains its three research programmes, namely, the International Dispute Resolution Survey Research Programme, the Singapore Convention on Mediation Research Programme and the Belt and Road Initiative Research Programme. The chapter also addresses how SIDRA’s three research areas complement one another as they explore the interlinks between international litigation, arbitration and mediation. For example, the International Dispute Resolution programme aims to fill a gap in the available data on user experiences of international dispute resolution with a view to informing policy and practice, with the key project being the SIDRA Survey on International Dispute Resolution (SIDRA Survey) commissioned by the Singapore Ministry of Law and administered with the support of PwC South East Asia Consulting. The chapter also explores how SIDRA is engaged in a number of collaborations that harness insights from the three programmes, such as through collaboration with the SMU Law Academy (SMULA) and the SMU Centre for AI and Data Governance. The chapter then outlines SIDRA’s networks to various stakeholders within and outside Singapore, including the Singapore International Commercial Court, the Singapore International Arbitration Centre, the Singapore International Mediation Centre, the Singapore Mediation Centre and the Singapore International Mediation Institute, and international organisations including the World Bank Group and national bodies such as the Vietnamese Judicial Academy.