Article on the Development of International Commercial Courts

Here is a link to a very interesting paper, International Commercial Courts in the Litigation Market. This article observes the development of international commercial courts in continental Europe, Asia, and the Middle East over the last two decades.

We have previously noted on the Business Courts Blog the competition between forum countries for international commercial adjudication, especially in light of Brexit’s potential effects on English commercial courts.

International competition for resolving commercial litigation also exists in the U.S., e.g., in New York’s Commercial Division, and in the Metro Atlanta Business Court. New York Commercial Division Judge Saliann Scarpulla, who manages the New York Commercial Division’s international arbitration docket, has been quoted on the unique advantages this New York business court offers for international arbitration matters.  On the other hand, this recent paper posits factors unique to U.S.  courts making it less likely that U.S. Courts will compete for adjudications of international disputes.

Posted by Lee Applebaum