Abstract
International commercial arbitration is the most preferred dispute resolution method in cross-border commercial disputes. It has been however claimed that arbitration has lost its flexibility by becoming increasingly formal and by incorporating litigation practices. In academic literature, this trend has been termed the ‘judicialization’ of international commercial arbitration. This article argues that while arbitration is becoming progressively judicialized, international commercial courts evidence an opposite, less studied trend; namely, the ‘arbitralization’ of courts. Through a comparative analysis of different international commercial courts, the article explores how the competition with arbitration has prompted the establishment of these courts and how arbitration has served as the inspiration for some of their most innovative features. The article concludes that while the incorporation of arbitration features could improve court proceedings, some of international commercial courts’ arbitration features undermine procedural justice and the role of courts as public institutions, and therefore hit the limits of ‘arbitralization’.
Original language | English |
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Pages (from-to) | 328-349 |
Number of pages | 22 |
Journal | Journal of International Dispute Settlement |
Volume | 14 |
Issue number | 3 |
Early online date | 23 Mar 2023 |
DOIs | |
Publication status | Published - Sept 2023 |
Keywords
- international commercial arbitration
- international commercial courts
- judicialization
- arbitralization