7 - The Battle for Jurisdiction through Jurisdictional Requirements

Summary

The rise of international commercial courts in the past fifteen years or so is a game changer for dispute resolution. The thriving success of the Commercial Court of England and Wales may be the source of inspiration for the design and operation of a number of the existing international commercial Courts. notably, it is often said that the international commercial courts compete for lucrative judicial business but this so-called competition has never been properly analysed. Are these courts competing for the same kinds of judicial business? Are their frameworks strategically designed to advance their ambition? This chapter examines the jurisdictional frameworks of three notable international commercial courts: the Chinese International Commercial Court, the Commercial Court of England and Wales and the Singapore International Commercial Court. The discussion shows that a careful scrutiny of the jurisdictional rules of the aforesaid courts will tell us a lot about their respective strategic interests and competitive advantages.