Paradigm of Utopia: the Landscape of International Commercial Courts
https://doi.org/10.21686/2411-118X-2024-1-157-169
Abstract
This article attempts to explore and analyze international commercial courts, examining their structure, functioning, and fundamental aspects of their activity. The primary emphasis is placed on the comparative study of various models and approaches used in global commercial courts, with their effectiveness in dispute resolution and attractiveness to participants being considered. This article summarizes the main traits of several international commercial courts in Asia, Middle East and Europe. The methodological framework of this research relies on the dialectical method. General scientific and specific scientific methods were employed, including descriptive, formal-legal, systemic and analytical methods, among others. Their application allowed for a comprehensive and thorough examination of the issues addressed in this article. Various aspects of procedures, rules, decision-making mechanisms in the context of international commercial courts, as well as their approaches to the recognition and enforcement of court decisions, are analyzed in the article. The author highlights the significance and challenges associated with such courts, discusses their strengths and weaknesses, and offers recommendations and directions for future research in this area. This article provides a comprehensive overview and analysis that could be valuable for specialists in international law and stakeholders interested in a deeper understanding of the functioning of international commercial courts and their role in resolving global commercial disputes.
About the Author
R. R. Garagurbanli
Institute of Legislation and Comparative Law under the Government of the Russian Federation
Russian Federation
Russian Federation
Postgraduate Student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.
34 B. Cheremushkinskaya Street, 117218, Moscow
References
1. 2010 International Arbitration Survey: Choices in International Arbitration. – URL: https://arbitration.qmul.ac.uk/media/arbitration/docs/2010_InternationalArbitrationSurveyReport.pdf
2. Ang L. International Commercial Courts and the Interplay Between Realism and Institutionalism: A Look at China and Singapore. – Harward International Law Journal. – 2020. – March 8. – URL: https://journals.law.harvard.edu/ilj/2020/03/international-commercial-courts-and-the-interplay-between-realism-and-institutionalism-a-look-at-china-and-singapore/
3. Blaise J.-B., Desgorces R. Droit des Affaires: Commerçants, concurrence, distribution. – 11 ed. – Paris : Librairie générale de droit et de jurisprudence ; Lextenso, 2021. – URL: https://www.furet.com/media/pdf/feuilletage/9/7/8/2/2/7/5/0/9782275091013.pdf
4. Blessing M. Introduction to Arbitration – Swiss and International Perspectives. – Basel ; Frankfurt am Main : Hebling und Lichtenhahn, 1999.
5. Cai W. International Commercial Court: Institutional Comparison, Conflict of Rules and Construction Path // Global Law Review. – 2018. – N 5.
6. Requejo Isidro M. International Commercial Courts in the Litigation Market // MPILux for Procedural Law Research Paper Series. – 2019. – N 2.
7. Reyes A., Tan K. Recognition and Enforcement of International Commercial Court Judgments // Dispute Resolution in China, Europe and World. – Springer International Publishing, 2020.
Review
For citations:
Garagurbanli R.R. Paradigm of Utopia: the Landscape of International Commercial Courts. ECONOMICS. LAW. SOCIETY. 2024;9(1):157-169. https://doi.org/10.21686/2411-118X-2024-1-157-169
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