Introduction – The International Business of Courts

International Business Courts: A European and Global Perspective

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See all articles by John Sorabji

John Sorabji

University College London

Xandra E. Kramer

Erasmus University Rotterdam (EUR), Erasmus School of Law; Utrecht University School of Law

Date Written: August 1, 2019

Abstract

In recent years there has been significant growth in international business courts in Europe and across the world. They have been established as expert dispute resolution forums offering procedures in English for international commercial parties. Governments have promoted their development as an integral aspect of broader public policy agendas with the aim to enhance the rule of law and the attractiveness of their jurisdictions as legal and economic hubs. While these courts can be lauded for facilitating international commercial dispute resolution and boosting justice innovation, the development of competition in the international litigation market is a remarkable trend that merits discussion. This is the introductory chapter of a book providing a comprehensive critical evaluation of the institutional design and procedural rules of established and emerging international business courts. It focuses on major European and global centres. It assesses how far these courts, the competition between them and their inter-relationship with arbitration contributes to justice innovation. It considers their impact on access to justice and the global litigation market, as well as their effect on the rule of law.
This chapter provides a comparative analysis of the emerging business courts, explains the recent growth of these courts and assesses these developments from the perspective of justice innovation and competition in the international litigation market.

Keywords: international business courts, justice innovation, justice competition, international commercial courts, international litigation market

JEL Classification: K20, K22, K40, K41

Suggested Citation

Sorabji, John and Kramer, Xandra E., Introduction – The International Business of Courts (August 1, 2019). International Business Courts: A European and Global Perspective. Available at SSRN: https://ssrn.com/abstract=

John Sorabji

University College London ( email )

Gower Street
London, WC1E 6BT
United Kingdom

Xandra E. Kramer (Contact Author)

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

3000 DR Rotterdam
Netherlands

Utrecht University School of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

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