International Commercial Courts and Arbitration — Alternatives, Substitutes or Trojan Horse?

Abstract

The past years have seen the emergence of international commercial courts in various jurisdictions, but in particular in the Dubai International Financial Centre, Qatar, Abu Dhabi and Singapore. These courts are inspired in part by the London Commercial Court and display some unique features when compared with domestic courts. It seems they want to combine the best of both worlds, namely state court proceedings and international arbitration. Indeed, they are often of a hybrid nature. Potential users should have a close look whether it is actually worth giving up certain advantages such as the power to join a third party in court proceedings for the advantages of international arbitration which cannot easily be replicated by international commercial courts and which focus on the principle of party autonomy.

Keywords: Abu Dhabi Global Market Courts, Belt and Road Initiative, BREXIT, Brussels International Business Court, China International Commercial Court, Confidentiality, Dubai International Financial Centre Courts, European Commercial Court, Frankfurt International Chamber for Commercial Matters