International Commercial Courts: Possible Problematic Social Externalities of a Dispute Resolution Product with Good Market Potential

16 Pages Posted: 7 Dec 2020

See all articles by Thomas Schultz

Thomas Schultz

King's College London

Clément Bachmann

University of Geneva; Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS)

Date Written: November 23, 2020

Abstract

International commercial courts seem quite likely to become a successful product on the dispute resolution market. But they are not merely that. They are not mechanisms resolving an array of disputes which are isolated from and have no effect on their socio-economic environment. They rather are likely to trigger social externalities, to contribute to the development or reinforcement of a wider social order. It is too early to say with certitude what that social order will be, given both the state of the research and the current level of use and impact of these courts. But plausible hypotheses suggest that a general societal pushback is possible, and at the very least that this is a question that deserves our attention, as much if not more than procedural technicalities.

Keywords: dispute resolution market, dispute resolution product, social externalities

Suggested Citation

Schultz, Thomas and Bachmann, Clément, International Commercial Courts: Possible Problematic Social Externalities of a Dispute Resolution Product with Good Market Potential (November 23, 2020). Available at SSRN: https://ssrn.com/abstract=3736079 or http://dx.doi.org/10.2139/ssrn.3736079

Thomas Schultz (Contact Author)

King's College London ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

Clément Bachmann

University of Geneva ( email )

102 Bd Carl-Vogt
Geneva
Switzerland

Graduate Institute of International and Development Studies (IHEID) - Geneva Center for International Dispute Settlement (CIDS) ( email )

Villa Moynier
Rue de Lausanne 120b
Geneva, 12011
Switzerland

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