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Although inferring “competition” from this trend is natural, the factors underpinning it are consistent; a a desire to achieve speed and efficiency, judges who understand the relevant area of commerce, and a sound decision-making process. These form a consistent thread and are ultimately good for business as they have the needs of court users at their heart.
Supporting those themes, are efforts at the international level, such as the work of the EU, the Hague Conference of Private International Law (both in developing legal instruments for civil and commercial co-operation) and the Standing International Forum of Commercial Courts (in promoting softer co-operation in the form of education and the sharing of expertise); which may, in this sphere, help emulate what has been achieved for arbitration by the New York Convention and arbitral institutions.
But how should users choose from this offering? Are all “commercial courts” alike and what is it that they offer?
In this review we take a closer look at some of the centres around the world by reference to a number of key questions. In particular:
What are the main international commercial courts in a particular jurisdiction?
A brief introduction to those that exist.
Certain commercial courts have particular specialities, we examine the more
Commercial courts are often at the forefront of procedural innovation, including
showing flexibility during the Covid-19 pandemic.
Likewise, commercial courts have often been the beneficiary of dedicated
hearing facilities; we look at what is on offer.
What is the general profile of the judges who sit in the international
A brief look at the backgrounds of the judges who sit in commercial courts.
A short examination of the basis upon which users can expect their disputes to
be heard before a commercial court.
For disappointed parties, access to a robust appeals process may be important.
These are outlined here.
Aside from a court’s own qualities, recognition of its processes and judgments
by other states can also help promote a successful outcome for litigants. We
take a look at the main multilateral instruments which apply to the commercial
courts in question.
In this review we state the position as at May 2022.
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