Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-fnpn6 Total loading time: 0 Render date: 2024-07-28T04:24:54.928Z Has data issue: false hasContentIssue false

17 - Procedure before International Commercial Courts and Ordinary Courts

A Comparative Perspective

from Part IV - The Interplay between International Commercial Courts and Other Dispute Resolution Fora

Published online by Cambridge University Press:  14 April 2022

Stavros Brekoulakis
Affiliation:
Queen Mary University of London
Georgios Dimitropoulos
Affiliation:
Hamad Bin Khalifa University
Get access

Summary

Despite divergencies, international commercial courts have in common the claim to be different from the ordinary courts. This chapter examines the differences in procedure between international commercial and ordinary courts by focusing on three distinctive features: namely, the cross-border character of the disputes they handle, the voluntary establishment of their jurisdiction and their arbitration features. It starts by exploring the notion of an international dispute across various international commercial courts and identifies broad internationality criteria. Then, this chapter turns to the voluntary jurisdiction of international commercial courts. It illustrates that in order to attract disputes, international commercial courts had to ease the establishment of their jurisdiction and loosen their jurisdictional requirements. Lastly, it is demonstrated how international commercial courts and their arbitration features attempt to beat the allegedly ‘unbeatable’ virtues of arbitration. In conclusion, this chapter assesses the procedural differences between international commercial and ordinary courts and their potential to enhance the attractiveness of the former over the latter.

Type
Chapter
Information
International Commercial Courts
The Future of Transnational Adjudication
, pp. 421 - 444
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×