Andrey Shchukin

Specialized State Courts — a Relevant Forum for Resolving International Commercial Disputes

2021. No. 3. P. 175–207 [issue contents]
States in Asia, the Middle East and Europe improve their commercial contract law, reformjudicial procedures and create innovative specialized courts to handle international commercialdisputes so that their legal systems can play a meaningful role in the developmentof national economies in a globalized world. In a number of countries the creation of suchspecialized courts has broadened the choice of ways to protect participants in the globalbusiness community. Over the past ten to fifteen years, international trade (commercial)courts have been constituted in China, France, Kazakhstan, the Netherlands, and Singapore.New initiatives to constitute such courts are underway; for example in Switzerland thisissue is on the agenda of governmental authorities. The proliferation of international trade(commercial) courts in Europe, some Asian countries and other regions of the world raisesconsiderable interest among an academic community as well as practitioners. This articleprovides an overview, based on foreign sources, of the procedure for resolving internationalcommercial disputes by specialized courts. It identifies their key features (also in terms ofprocedural innovations) and the main reasons for their creation within the legal systems ofindividual states. The growing number of specialized courts, which adjudicate internationalcommercial disputes, is conditional due to a number of reasons. Among them there are:1) the need to strengthen the national economy, ensuring its competitiveness on a globalscale; 2) increased competition for legal services markets; 3) the interest in ensuring therule of law in international trade and financial activities; 4) the specialization of judicial activity;5) increasing the prestige and reputation of national law in international markets. Theformation of international trade (commercial) courts is an example of states support theireconomies in the arena of international business by using their power in the form of thejudicial system, offering appropriate comfort, benefit, and advantage.
For citation: Schukin A.I. (2021) Specialized State Courts — a Relevant Forun for Resolving International Commercial Disputes. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 175–207 (in Russian) DOI: 10.17323/2072-8166.2021.3.175.207
Citation: Shchukin A. (2021) Spetsializirovannye gosudarstvennye sudy — aktual'nyy forum razresheniya mezhdunarodnykh kommercheskikh sporov [Specialized State Courts — a Relevant Forum for Resolving International Commercial Disputes]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 175-207 (in Russian)
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