Matchmaking International Commercial Courts and Lawyers’ Preferences in Europe

12 Pages Posted: 6 Nov 2019

See all articles by Erlis Themeli

Erlis Themeli

Erasmus University Rotterdam (EUR) - Erasmus School of Law

Date Written: October 1, 2019

Abstract

France, Germany, Belgium, and the Netherlands have taken concrete steps to design and develop international commercial courts. Most of the projects claim to be building courts that match the preferences of court users. They also try to challenge England and Wales, which evidence suggests is the most attractive jurisdiction in the EU. For the success of these projects, it is important that their proposed courts not only correspond with the expectations of prospective users, but also manage to attract some of the litigants that go to London. This article argues that lawyers are the most important group of choice makers and that their preferences are not sufficiently matched by the new courts. Lawyers have certain litigation service and court perception preferences. And while the new courts improve their litigation service, they do not sufficiently address these court perception preferences.

Keywords: international commercial courts, Brexit, survey, NCC, choice-of-court

Suggested Citation

Themeli, Erlis, Matchmaking International Commercial Courts and Lawyers’ Preferences in Europe (October 1, 2019). Erasmus Law Review, Vol. 12, No. 1, 2019, Available at SSRN: https://ssrn.com/abstract=3479246

Erlis Themeli (Contact Author)

Erasmus University Rotterdam (EUR) - Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

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