Class 11 Flashcards
(5 cards)
Why ICCs <> Arbitration
Choice of court & law
+ and – points of certain legal/court systems
Language
Lawyers
Recognition & enforcement
Familiarity
Expertise
Cost
=> ‘Forum shopping’?
Why establish an ICC?
‘game of courts’
Attracting ‘legal business’
Becoming a legal hub
Creating a legal ecosystem
Prestige
Influence
Rule of law & legal stability
important for attracting foreign investments
Types of ICCs
Integrated ICCs
In essence, a specialised chamber within an existing court
or legal system
Exact set-up (languages, procedure, …) depends on the court
example = NCC
Special Economic Zones ICCs
The main court / court system of
a SEZ (or multiple ones)
Often quite far-reaching SEZs
with their own legal & tax system
Courts thus do more than pure
‘international commercial cases’,
i.e. labour disputes, …
Autonomy
Focussed on attracting international business
International judges
Common Law
DIFC, ADGM, QFC, AIFC as
examples
‘Common Law Island in a Civil Law Ocean’
Hybrid ICCs
Blur between arbitration &
litigation
Common services
Roster of judges/arbiters
…
Only one example: Bahrain Chamber for Dispute Resolution
ICCs - issues
Law/court-washing (cfr. Greenwashing)
‘buying rule of law a judge at a time’?
Key difference with regular court in a country that has a strong rule of law?
The SEZ are governed by people with money so it benefits big companies
its a different way of doing things
The system does work but the real question is if you have a sensitive judgment that could be of impact to local authorities if there are enough safeguards.
Very good for a lot of cases but for very sensitive things it may not be trustworthy
Why should we allow big companies to have fast track courts?
what is an ICC
ICCs are in essence specialised tribunals within the domestic court hierarchy tailored for the adjudication of complicated cross-border commercial disputes.
But no real definition exists
Focus on the ‘international’ aspect
Language
Judges
….
ICCs are highly entangled with Private International Law: Jurisdiction, Applicable Law & Recognition & Enforcement
‘international’ element
