ABSTRACT
New international commercial courts can be analysed by examining how their features differ from those of their domestic counterpart courts and from those of international commercial arbitration. This conceptual tool is termed delocalization. Higher and lower levels of featural differences, or delocalization, may affect a new court’s reception, whether local actors can participate in the new court and the new court’s relations with the domestic courts. These factors influence the extent and speed of a new court’s integration into the legal landscape as an institutional transplant. A delocalization analysis can also help track the new and domestic courts’ continuing influence over each other and the adoption, sharing or abandonment of features over time.
Yates, Sean, New International Commercial Courts: A Delocalized Approach (October 6, 2023), (2023) Journal of International Dispute Settlement.
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