International Commercial Courts

Why open a page on International Commercial Courts? A little presentation is required: I am a fifth-year Italian Law school #student, making my thesis on International Commercial Courts, a legal innovation that has been making its way across the globe for more than 10 years. Below you can find a map of the countries that currently host an #ICommC on their soil. As you can see, the trend spans from the most prominent European Countries (France, the UK, Germany, and the Netherlands) to "new" protagonists such as Kazakhstan, Qatar, and the UAE. The ICommCs' phenomenon touches upon a lot of topics, among which are its relationship with arbitration and #ADR, jurisdictional issues, rule of law doubts, and ethical sensibilities. This is why it is so fascinating to talk about it! I know there is still little knowledge of ICommCs and to add my humble contribution to the field I have decided to open this page, mainly directed to law students, legal scholars, and professionals who all can contribute to its debates, analysis, and insights! Don't forget to follow the page, then! #law #arbitration #litigation #courts #commerciallaw

A Unified Framework for International Commercial Courts? Whoever studies International Commercial Courts will soon realize that each has its own peculiarities—they have been established at different times and in different forms. Therefore, the need for harmonization is a pressing issue. In 2016, the Standing International Forum of Commercial Courts (SIFoCC Secretariat) was created to address this challenge. Among its participants, we find some of the leading ICommCs, such as the AIFC Court. However, it is important to note that the Forum is not limited to ICommCs; other commercial courts also participate. SIFoCC represents an experiment worth following closely: it fosters dialogue among jurisdictions and will undoubtedly influence the development of ICommCs in the near future. The article published by GSC Solicitors LLP delves into this topic and provides valuable references for further research. We highly recommend taking a look! Post written by Angelo Mattia Tibaldero #internationaldisputeresolution #internationalcommercialcourts #law #arbitration #litigation https://lnkd.in/d3hNw7gn

Even though it is set to become a significant financial hub for East Africa, Rwanda 🇷🇼 remains a geographically small country (you can reach any destination from Kigali in just two to three hours by car). We have highlighted how Rwanda could become the first African country to establish an International Commercial Court in the coming years. However, the establishment and development of this ICommC could be deeply influenced by the presence of the East African Community (EAC), a legal and economic integration area that includes several countries in the region (see the map below). The EAC would offer an excellent framework for a Rwandan ICommC. These countries have a combined GDP of $313 billion (2021) and a population of 333 million (2021). The ICommC could attract disputes from across the region, but certain conditions might be necessary: - A regional system for the recognition and enforcement of foreign judgments, which is currently lacking; - A court composed of judges from both civil law and common law traditions (following the Singaporean model), as some countries (such as the DRC 🇨🇩) have civil law systems; - Given the presence of several Francophone countries, the possibility of conducting proceedings in French 🇫🇷 could be beneficial; - Allowing lawyers from other EAC member states to appear before the Court without administrative burdens. Do you think Rwanda is a suitable place to establish an ICommC? Share your opinion in the comments 👇🏻 Post written by Angelo Mattia Tibaldero ##rwanda #internationaldisputeresolution #litigation #internationalcommercialcourts #law #africa #eastafricacommunity Ministry of Justice, The Republic of Rwanda Butera Michael

On February 1st, I landed in the Land of a Thousand Hills, a bit dazed by the sudden change in temperature (it was 3°C in Milan!) but determined to start my internship at the Kigali Arbitration Centre. This country, Rwanda 🇷🇼, is a magnificent place: clean, safe, and full of breathtaking landscapes. Its GDP grows by 9% annually, and many foreign investors flock to the country. I can’t refrain from thinking that sooner or later, Rwanda will attempt to internationalize its courts—where proceedings are currently conducted only in Kinyarwanda—or establish an International Commercial Court (ICommC) following the Kazakh model, perhaps starting from the Kigali Special Economic Zone. It’s worth reflecting on this, as Rwanda is striving to position itself as an economic and financial hub for East Africa and is transitioning from a Francophone civil law system to an Anglophone common law system. Moreover, the country is highly advanced in arbitration. In my view, all the conditions are in place for the emergence of an ICommC, but time will tell! Post written by Angelo Mattia Tibaldero With the help of MANIKUZWE Claude P.S. The photo captures the profile of the Muhabura Volcano in the Volcanoes National Park, near the border with Ouganda and the RDC. #rwanda #internationaldisputeresolution #litigation #internationalcommercialcourts #law #africa

🌍 Looking for a Co-Creator for the “International Commercial Courts” Project! ⚖️ Dear network, I am Angelo, a law student passionate about international dispute resolution and the fascinating world of International Commercial Courts. Over the past months, I have been running this LinkedIn page dedicated to raising awareness about ICommCs, sharing case summaries, and exploring the ICommCs’ role in shaping global law 👨🏻⚖️ and commerce 📈. This project is a passion-driven initiative I manage in my free time alongside my studies. I’m looking for a co-creator to join me on this journey This is a non-paid position, but it offers a rewarding experience for someone equally passionate about the subject matter and eager to make an impact in this niche area of law. 🔎 Who I’m Looking For: - A law student or young practitioner passionate about international dispute resolution or related fields - Someone interested in helping grow this project by contributing ideas, research, and content - A collaborative individual ready to dedicate a few hours a week to this voluntary role. 💡 What You’ll Be Doing: - Collaborating on content creation (e.g., case summaries. posts) - Strategizing ways to increase awareness and engagement on our platforms - Networking with professionals and building connections in the field 🤝 Why Join? This could be a chance to gain visibility in the field, build meaningful connections, and contribute to a unique project. 👉 If you’re interested or know someone who might be, please DM the page or Angelo Mattia Tibaldero! #law #opportunities #lawstudent #disputeresolution #internationalcommercialcourts

Another update, this time from GERMANY 🇩🇪 A few days ago, the German Federal Parliament passed a new law (Justizstandort-Stärkungsgesetz of 7 October 2024), marking progress toward creating an efficient system of ICommCs in Germany. Until now, the existing ICommCs in Germany have offered limited options for internationalization, mainly regarding the use of English in certain parts of proceedings. The new law will allow the Länder to establish “commercial chambers” with proceedings conducted entirely in English (including appellate judgments and, with some limitations, proceedings before the Federal Supreme Court). Moreover, the Länder will be able to establish “specialized senates,” enabling English-language proceedings and introducing some procedural innovations (such as case management conferences at the beginning of the proceedings). However, as noted in an article by Prof. Dr. Giesela Rühl, there are some considerations to keep in mind: - The development of ICommCs will depend on the willingness of individual Länder; - At present, it seems unlikely that German ICommCs will rival arbitration. ℹ️ For further insights, we recommend the professor’s article (linked below), which includes references to the original texts of the law. #internationalitigation #disputeresolution #internationalcommercialcourts #law #germany https://lnkd.in/dd4hWeN3

💸 International Commercial Courts and ISDS: A New Frontier? ICommCs are often seen as competitors to international commercial arbitration, but could they also offer an alternative to investment arbitration under ISDS (Investor-State Dispute Settlement)? Professor Attila M. Tanzi’s thought-provoking article explores this possibility. Over the past decade, ISDS has faced intense criticism for being overly favorable to investors and disproportionately limiting states’ regulatory power. In response, many countries have reformed their BITs by introducing lighter obligations for host states and moving away from traditional arbitration models. Professor Tanzi suggests that ICommCs could play a role in resolving investment disputes, particularly by exercising jurisdiction over long-term commercial contracts - the framework that already governs many investor-host state relationships. This approach could balance the interests of investors and states while addressing some of the criticisms directed at ISDS. Whether ICommCs will gain prominence in resolving investment disputes remains an open question, as it will depend on their acceptance by states and investors alike. For a deeper dive into Professor Tanzi’s arguments and conclusions, we encourage you to read his article. As with many aspects of ICommCs, only time will tell if they rise to become venues for investment disputes. 👉 A. Tanzi, “International Commercial Courts and Foreign Investment Law” in A. Henke, M. Torsello and E. Z. Fonseca (eds), “International Commercial Courts: A Paradigm for the Future of Adjudication?”, Edizioni Scientifiche Italiane (2024), 209 ℹ️ P.S.: You will find all the sources you need to learn more about ICommCs on our website. #internationalitigation #disputeresolution #investmentarbitration #internationalcommercialcourts #law

🇨🇭 Switzerland’s step toward International Commercial Courts Starting January 1, 2025, Switzerland will introduce a significant amendment to its Civil Procedure Code, allowing cantons to establish ICommCs. The standout feature is that parties will be able to conduct proceedings in English. Currently, Zurich and Geneva appear to be the most interested in creating these courts. The proposed model is similar to other European ICommCs, with no plans yet to: 🧑⚖️ introduce foreign judges, 🎓 allow foreign lawyers not qualified in Switzerland to appear before them or, 📜 implement significant procedural innovations. Switzerland’s ICommCs could aim to: 💼 Compete with arbitration (Geneva is already a key global arbitration hub), or 📍 Attract cross-border commercial litigation cases currently being resolved elsewhere (the 2024 Portland Commercial Courts Report revealed that London’s Commercial Courts are handling a significant number of cases involving Swiss parties). While we await detailed plans, this move positions Switzerland to play a bigger role in the global dispute resolution market. Will it succeed in balancing arbitration competition with litigation attraction? Only time will tell. ℹ️ P.S.: You will find all the sources you need to learn more about ICommCs on our website. #internationalitigation #disputeresolution #switzerland #internationalcommercialcourts #law

Why are we talking about mediation on a page about international commercial courts? Because the future of dispute resolution is integrated! More and more international commercial courts are adopting a “one-stop shop” approach, combining arbitration, litigation, and mediation. For example: ➡️ Singapore 🇸🇬 is building its reputation as a dispute resolution hub; ➡️ China 🇨🇳 has introduced arb-med with its distinct “Chinese characteristics” through the CICC. Enforcement of mediation agreements across borders becomes a critical challenge when dealing with international disputes. That is where the Singapore Mediation Convention steps in! This treaty creates a standardized framework for recognizing and enforcing international mediation agreements, mirroring the success of the New York Convention for arbitral awards. 📜 Here are some key facts: ✅ 57 countries have signed on so far (including ICommC hosts like 🇰🇿 Kazakhstan, 🇨🇳 China, 🇸🇬 Singapore, 🇶🇦 Qatar, and 🇬🇧 the UK); ✅ It limits the grounds for challenging agreements to those listed in Article 5 - a significant step towards legal certainty in mediation. While it is still early to measure its full impact, the Singapore Convention could revolutionize mediation as a preferred tool for resolving international disputes. Check out the full text below 👇. What do you think about this shift toward integration? Let’s discuss this in the comment section. #internationalitigation #disputeresolution #mediation #singaporeconvention #internationalcommercialcourts