Traveling Judges

116 American Journal of International Law 477 (2022)

Queen's University Legal Research Paper Forthcoming

57 Pages Posted: 3 Apr 2022 Last revised: 28 Jul 2022

See all articles by Alyssa S. King

Alyssa S. King

Queen's University Faculty of Law; Yale University - Information Society Project

Pamela K. Bookman

Fordham University School of Law

Date Written: April 1, 2022

Abstract

Around the world, domestic courts focused on commercial disputes hire foreign judges. The practice seems to resemble arbitration, but is also rooted in colonialism. These traveling judges are predominantly retired English judges hired by small, market-dominant jurisdictions, like Hong Kong or Dubai. The judges' identities reveal efforts to harness business preferences for English common law into domestic court systems. While judges aspire to spread the rule of law, local politics may dictate these courts' futures. This Article maps the practice of traveling judges and explores its implications.

Keywords: judges, courts, international commercial courts, private international law, conflict of laws, international commercial arbitration, transnational litigation, post-colonialism

JEL Classification: K10, K12, K33, K41

Suggested Citation

King, Alyssa S. and Bookman, Pamela, Traveling Judges (April 1, 2022). 116 American Journal of International Law 477 (2022), Queen's University Legal Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=4072854

Alyssa S. King

Queen's University Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada

Yale University - Information Society Project ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Pamela Bookman (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
United States

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