International Commercial Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Commercial Courts write by Stavros Brekoulakis. This book was released on 2022-04-21. International Commercial Courts available in PDF, EPUB and Kindle. The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
New International Commercial Courts
New International Commercial Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook New International Commercial Courts write by M. A. N. YIP. This book was released on 2024-04-13. New International Commercial Courts available in PDF, EPUB and Kindle. 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.
New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution write by Shahla Ali. This book was released on 2020-12-10. New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution available in PDF, EPUB and Kindle. International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
International Business Courts
International Business Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Business Courts write by Xandra Ellen Kramer. This book was released on 2019. International Business Courts available in PDF, EPUB and Kindle. 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"--
How Can International Commercial Courts Become an Attractive Option for the Resolution of International Commercial Disputes?
How Can International Commercial Courts Become an Attractive Option for the Resolution of International Commercial Disputes? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook How Can International Commercial Courts Become an Attractive Option for the Resolution of International Commercial Disputes? write by Shahar Avraham-Giller. This book was released on 2023. How Can International Commercial Courts Become an Attractive Option for the Resolution of International Commercial Disputes? available in PDF, EPUB and Kindle. Arbitration has dominated the landscape of the resolution of international commercial disputes (that is, private disputes involving transnational connections). Nevertheless, the last fifteen years have witnessed a proliferation in the establishment of new commercial courts in several countries, with the aim of attracting international commercial disputes. This article makes the novel argument that such attempts are unlikely to render adjudication an attractive alternative to arbitration. It argues that for the new international commercial courts to fully realize their potential and produce a sustainable market of adjudication, some mechanism is needed to secure the enforceability of jurisdiction clauses and the judgments delivered by such courts in other jurisdictions. Unfortunately, however, the Hague Convention on Choice of Court Agreements 2005, which sought to do precisely this, has failed to gain international support. It failed to replicate the success of the New York Arbitration Convention 1958, although both adopt similar principles that enforce party choice of forum and facilitate enforcement of the resolution's outcome. This article provides the first attempt to analyze the reasons for this failure. To this end, it compares the political and legal conditions under which the two conventions were conceived, showing how the difference in these conditions led to lower international acceptance of the Hague Convention. This article supports the analysis by focusing on the most recent ratification of the Hague Convention, by the UK. We advance the novel argument that this case study demonstrates the important role played by the legal community in the ratification process. We show that, ironically, the UK's decision to quit the EU in order to restore national sovereignty was a major reason leading it to ratify the Hague Convention, thus giving up fundamental principles of common law that had granted English courts broad discretion as to whether to enforce jurisdiction clauses.
