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.

This chapter engages with international aspects of commercial law. It provides a background introduction to private international law, and an overview of recent developments in major treaties on international trade. The recent US–China trade conflicts and Brexit are also referred to. The chapter then focuses on two specific topics in relation to international sales contracts. The first of these is the Australian rules of private international law in relation to contracts with a foreign element. The chapter examines the theory of private international law, the main treaties on international trade (including Brexit and the Australia–UK Free Trade Agreement), and the key principles for determining the proper law of contract under private international law. The second topic is the international sale of goods. The chapter focuses on the Convention on Contracts for the International Sale of Goods 1980 (CISG, or Vienna Convention), and the Incoterms of the International Chamber of Commerce (ICC).