International Commercial Courts

The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.

Over the past two decades, various jurisdictions around the world have created new specialised domestic courts to manage international commercial disputes. Located in the Gulf region (Abu Dhabi, Dubai, Qatar), in Asia (Singapore, China, Kazakhstan) and in Europe (Germany, France, the Netherlands), these courts enrich the current landscape of the resolution of international commercial disputes. In particular, they present themselves as alternatives to litigation before ordinary courts, on the one hand, and to international commercial arbitration on the other. This book studies international commercial courts from a comparative perspective through various strands of inquiry. First, it offers a detailed analysis of the reasons for the creation of these courts and examines their jurisdictional, institutional and procedural features, answering questions such as: what are the disputes that international commercial courts hear? Who sits on the bench of these courts and who may argue cases? How do international commercial courts conduct their proceedings, and how different are the proceedings within ordinary courts? Second, to complement the first line of inquiry, the book scrutinises the motivations and/or constraints of jurisdictions that have decided against launching their own versions of ' international commercial courts' . Finally, and most crucially, it systematically reviews the impact and the success of international commercial courts, addressing questions such as: what are the metrics of success, and is success wholly dependent on size of the docket? What role do the courts play in international commercial dispute resolution? What contributions can we expect from them in the future? Are these courts necessary? In addressing these questions, this text advances our understanding of the role of international commercial courts in the resolution of cross-border disputes. MAN YIP is a Professor of Law, Associate Dean (Faculty Matters & Research) and the V3 Group Professor in Family Entrepreneurship at the Yong Pung How School of Law at Singapore Management University. She graduated with an LLB from the National University of Singapore and obtained her BCL from the University of Oxford, where she was in residence at Keble College. Her research has been cited by the Singapore Court of Appeal, the Singapore High Court and the High Court of England and Wales. GIESELA RÜ HL is a Professor of Law at Humboldt University of Berlin, Germany. She is a member of the European Law Institute, the International Academy of Comparative Law and the European Academy of Sciences and Arts. She serves as the Secretary General of the European Association of Private International Law (EAPIL). Her research has received awards from the Max Planck Society, the German National Academy of Sciences Leopoldina and the American Society of International Law.

This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards.

This book "provides a comprehensive critical evaluation of the institutional design and procedural rules of established and emerging international business courts. It focuses on major European and global centres. It assesses to what extent these courts, the competition between them and their interrelationship with arbitration, contribute to justice innovation. It considers their impact on access to justice and the global litigation market, as well as their effect on the rule of law"--

This carefully structured, practice-orientated textbook provides everything the law student needs to know about international commercial litigation. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into litigation in English courts. Three important themes of the book analyse how the international element may call into question the power of the court to hear the case, whether it should exercise this power, whether foreign law applies, and whether the court should take into account any foreign judgement. Hartley provides the reader with extracts from leading cases and relevant legislation, together with an extensive reference library of further reading for those who wish to explore the topic in more detail, making this a valuable, single-source textbook. The title will benefit from a companion website, setting out all relevant case law developments for the students.

This is the third edition of a book formerly published by Lloyds of London Press under the title International Commercial Disputes. It is concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, as a consequence of which English law is very similar to or the same as the law of other countries in Europe and beyond. The work comprises three parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels regime (comprising the Brussels I Regulation, the Brussels Convention and the Lugano Convention) and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, antisuit injunctions and provisional measures. The works second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, foreign currency obligations and proof of foreign law. The third part of the work is an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties dispute; and the recognition and enforcement of foreign arbitration awards.

This is a 1st edition of a Nutshell on an exceptionally topical subject. International Commercial Arbitration is a flourishing alternative to the litigation of transnational disputes in domestic courts. Unlike other subjects, it must deal with two interlocking international dispute resolution regimes: the complex international arbitral regime itself, together with the important role of courts in enforcing arbitration agreement, intervening in an ongoing arbitration, and conducting judicial review of the eventual awards.

This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.