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22 - International Commercial Courts, Dispute Resolution and the Rule of Law

from Part V - International Commercial Courts and Global Governance

Published online by Cambridge University Press:  14 April 2022

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

A small but influential number of States or their subdivisions have put substantial resources into establishing courts that operate outside of or have a special status within their traditional judicial systems. In instances, the judges of these courts are not citizens of the seats of the respective courts. The courts typically apply foreign law and do so in English. Why the removal of certain cases from local courts and local law or the establishment of new specialized courts within existing systems? An argument is that the new courts enhance the rule of law, both in the location of the court as well as regionally and even internationally. This chapter examines court rules and practices to assess the influence of international commercial courts on the rule of law.

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International Commercial Courts
The Future of Transnational Adjudication
, pp. 515 - 535
Publisher: Cambridge University Press
Print publication year: 2022

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