Matchmaking International Commercial Courts and Lawyers’ Preferences in Europe
12 Pages Posted: 6 Nov 2019
Date Written: October 1, 2019
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
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