Book contents
- International Commercial Courts
- Studies on International Courts and Tribunals
- International Commercial Courts
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- International Commercial Courts: The Future of Transnational Adjudication – An Introduction
- Part I A Contextual Perspective to International Commercial Courts
- Part II Jurisdiction, Applicable Law and Enforcement of Judgments
- Part III Procedure, Function, Organization
- Part IV The Interplay between International Commercial Courts and Other Dispute Resolution Fora
- Part V International Commercial Courts and Global Governance
- 18 Hybridity in International Adjudication
- 19 China International Commercial Court
- 20 The Emergence of International Commercial Courts and Dispute Resolution Centres in Frontier Markets
- 21 Brexit and the Competition of Dispute Resolution Fora in Europe
- 22 International Commercial Courts, Dispute Resolution and the Rule of Law
- Index
18 - Hybridity in International Adjudication
How International Are International Commercial Courts?
from Part V - International Commercial Courts and Global Governance
Published online by Cambridge University Press: 14 April 2022
- International Commercial Courts
- Studies on International Courts and Tribunals
- International Commercial Courts
- Copyright page
- Contents
- Contributors
- Foreword
- Preface
- International Commercial Courts: The Future of Transnational Adjudication – An Introduction
- Part I A Contextual Perspective to International Commercial Courts
- Part II Jurisdiction, Applicable Law and Enforcement of Judgments
- Part III Procedure, Function, Organization
- Part IV The Interplay between International Commercial Courts and Other Dispute Resolution Fora
- Part V International Commercial Courts and Global Governance
- 18 Hybridity in International Adjudication
- 19 China International Commercial Court
- 20 The Emergence of International Commercial Courts and Dispute Resolution Centres in Frontier Markets
- 21 Brexit and the Competition of Dispute Resolution Fora in Europe
- 22 International Commercial Courts, Dispute Resolution and the Rule of Law
- Index
Summary
How international are international commercial courts (ICommCs)? Among lawyers, the notion of international courts (ICs) comes with a strong public international law connotation. This chapter traces examples of hybridity in international adjudication, focusing particularly on the admixing of domestic and international judicial forms, practices and legal cultures. More specifically, we focus on three core forms of hybridity in relation to ICs and ICommCs: professional, institutional and legal. After surveying a number of past and current ICs, we argue that hybridity is not a phenomenon only found in domestic international courts, but also a feature of many ‘proper’ ICs. We find that all three forms of hybridity are found at both ICs and ICommCs, which suggests that these – at first glance distinct forms of transnational adjudication – are in fact converging on a number of levels.
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- Information
- International Commercial CourtsThe Future of Transnational Adjudication, pp. 447 - 467Publisher: Cambridge University PressPrint publication year: 2022