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  • 16 - Private Autonomy in International Commercial Dispute Resolution

  • from Part IV - The Interplay between International Commercial Courts and Other Dispute Resolution Fora
  • Edited by Stavros Brekoulakis, Queen Mary University of London, Georgios Dimitropoulos
  • Book:
    International Commercial Courts
    Published online:
    14 April 2022
    Print publication:
    21 April 2022, pp 388-420

  • Summary

    This chapter looks at the current relationship between international commercial courts (ICommCs) and international commercial arbitration (ICA). It first covers the historical background and current drivers for international dispute resolution. It finds ICommCs are of complex identity whose utility will be tested by market choice. The chapter then discusses what is meant by autonomy in the present context, and continues by looking at the needs and requirements of international dispute resolution (‘imperatives’) from a number of perspectives: those of the consumer (the ‘business imperative’), of governments (the ‘political imperative’) and of non-arbitral decision-makers (the ‘jurisprudential imperative’). From that review, a measure of interdependence between ICA and ICommCs emerges. The chapter ends with the conclusion that ICA and ICommCs will enjoy a competitive and collaborative, but not hybrid, relationship.