We note three 2019 legal research papers focusing on international business courts, all including some degree of comparison with U.S. business courts.
In Delaware’s New Competition, set for publication in the 2020 Northwestern Law Review, University of Maryland Law Professor William J. Moon addresses competition between foreign nations and Delaware in the market for corporate law. Part of this article focuses on “The Rise of Offshore Business Courts” as counterparts to Delaware’s Chancery Court. A copy of the current version of this paper can be found here.
In The Adjudication Business, set for publication in the 2020 Yale Journal of International Law, Fordham Law Professor Pamela K. Bookman addresses the rapid development of international commercial courts in recent years. She questions three basic assumptions: (1) that a competition between commercial courts creates a “race to the top”; (2) that litigation and arbitration are two conflicting modes of dispute resolution, always in competition against each other; and (3) that parties prefer arbitration. A copy of the current version of this paper can be found here. Professor Bookman invites comments to her draft.
In International Commercial Courts and the United States: An Outlier by Choice and by Constitutional Design?, to be published as a chapter in International Business Courts – A European and Global Persepctive (2019), University of Missouri Law Professor S. I. Strong addresses the development of international commercial courts, and her conclusion that U.S. courts are limited in their ability to adjudicate international cross border litigation. A link to this chapter can be found here.