Book contents
- International Commercial Courts
- Studies on International Courts and Tribunals
- International Commercial Courts
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- International Commercial Courts: The Future of Transnational Adjudication – An Introduction
- Part I A Contextual Perspective to International Commercial Courts
- Part II Jurisdiction, Applicable Law and Enforcement of Judgments
- 5 A Comparative Perspective on International Commercial Courts
- 6 Jurisdiction and Choice of Court Clauses in Favour of International Commercial Courts
- 7 The Battle for Jurisdiction through Jurisdictional Requirements
- 8 Harmonization of Commercial Law Based on Common Law
- 9 Applicable Laws in the International Commercial Courts of the Gulf
- Part III Procedure, Function, Organization
- Part IV The Interplay between International Commercial Courts and Other Dispute Resolution Fora
- Part V International Commercial Courts and Global Governance
- Index
8 - Harmonization of Commercial Law Based on Common Law
The Role of International Commercial Courts
from Part II - Jurisdiction, Applicable Law and Enforcement of Judgments
Published online by Cambridge University Press: 14 April 2022
- International Commercial Courts
- Studies on International Courts and Tribunals
- International Commercial Courts
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- International Commercial Courts: The Future of Transnational Adjudication – An Introduction
- Part I A Contextual Perspective to International Commercial Courts
- Part II Jurisdiction, Applicable Law and Enforcement of Judgments
- 5 A Comparative Perspective on International Commercial Courts
- 6 Jurisdiction and Choice of Court Clauses in Favour of International Commercial Courts
- 7 The Battle for Jurisdiction through Jurisdictional Requirements
- 8 Harmonization of Commercial Law Based on Common Law
- 9 Applicable Laws in the International Commercial Courts of the Gulf
- Part III Procedure, Function, Organization
- Part IV The Interplay between International Commercial Courts and Other Dispute Resolution Fora
- Part V International Commercial Courts and Global Governance
- Index
Summary
Exigencies of hyper-globalized, invariably transnational, trade have exerted immense pressure on the global legal infrastructure to produce a dispute resolution mechanism that attends to the needs of international commerce. In this chapter, it is argued that international commercial courts (ICommCs) possess structural features that allow them to fill in that lacuna. Furthermore, it is argued that ICommCs are predisposed to implement a new wave of harmonization of international commercial law, with English common law at the forefront of this effort. Harmonization of international commercial law is argued to be desirable both theoretically, but more importantly, from a practical standpoint of increasing efficiency. Through the perusal of the most recent and prominent examples of ICommCs, it is further posited that these courts, thanks to their jurisdictional reach, procedural laws, bench composition and judgment enforcement are substantially better positioned than domestic courts or arbitral tribunals to effect such harmonization.
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- Information
- International Commercial CourtsThe Future of Transnational Adjudication, pp. 201 - 227Publisher: Cambridge University PressPrint publication year: 2022