Blurring the Lines Between International Commercial Courts and Arbitration: How, Why and the Future

Abstract

In the last 15 years, specialized courts focused on hearing cases arising from international commercial disputes have mushroomed across the world, including in Dubai, Qatar, Singapore, China, and continental Europe. These international commercial courts have borrowed from international arbitration in various aspects, such as introducing specialist or expert judges, as well as permitting confidentiality and party choice in relation to procedural and evidential rules. International arbitration has also repaid the compliment and has imitated litigation to some degree, including permitting joinder of parties as well as introducing expedited processes and measures for interim relief. This article comments on how the characteristics of international commercial litigation and arbitration have been mixed and asks what has brought this about before positing what the future may hold for international commercial litigation and arbitration.

Keywords: International Commercial Litigation, Arbitration, Courts