ABSTRACT
While international commercial arbitration is frequently touted as the preferred method of resolving multinational business disputes, the process is not universally beloved. Instead, certain segments of the bench, bar, and academia believe that all legal disputes – including those in the cross-border commercial context – should be decided in court rather than in arbitration. Why is that? This article discusses possible rationales for the recent rise in international commercial courts, drawing on interdisciplinary studies and comparing the new courts to international commercial arbitration.
Strong, SI, International ADR: Commercial Courts and Commercial Arbitration: Why Have Both? (July 8, 2024), 42 Alternatives to the High Cost of Litigation (forthcoming October 2024); Emory Legal Studies Research Paper.
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