Transnational Commercial Disputes in an Age of Anti-Globalism and Pandemic
- 416 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
Transnational Commercial Disputes in an Age of Anti-Globalism and Pandemic
About this book
In this book, senior judges and academics at the forefront of transnational commercial law in Asia, Australia, Europe, the US, and elsewhere, reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR). The chapters consider: (1) What types of cross-border commercial disputes will arise in the future and what resources will be needed to respond to them in a cost-effective, time-efficient, and equitable manner? (2) Is there still merit in a multilateral approach to transnational commercial law and ICDR, despite the closing of borders, the rise of protectionism, and the disruption of global supply chains? (3) What reforms and innovations should courts, arbitrators, and mediators contemplate when navigating the post-pandemic landscape? (4) Can the accelerated use of remote technology in ICDR (as prompted by the pandemic) be leveraged to enhance access to justice for all? With a focus on the current crisis in globalism, as well as the associated problems of ensuring justice and fairness in the resolution of cross-border commercial and investment-state disputes along the Belt-and-Road and elsewhere, the book will be an invaluable resource for academics, judges and practitioners alike.
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Table of contents
- Cover
- Title Page
- Foreword
- Preface: A Word about this Book and its Organisation
- Acknowledgements
- Contents
- List of Contributors
- Introduction: Justice in a Globalised Age
- PART I: WHAT IS AN INTERNATIONAL COMMERCIAL DISPUTE?
- PART II: THE SWINGING PENDULUM: INTERNATIONAL COMMERCIAL ARBITRATION AND THE RISE OF SPECIALIST COMMERCIAL COURTS
- PART III: DAVID AND GOLIATH: INVESTOR–STATE DISPUTE SETTLEMENT
- PART IV: THE PERFECT AS THE ENEMY OF THE GOOD – THE IMPORTANCE OF FINALITY AND CERTAINTY
- PART V: THE LEX MERCATORIA AND THE CONVERGENCE OF INTERNATIONAL COMMERCIAL LAW
- PART VI: THE IMPACT OF COVID-19
- Conclusion: Transnational Dispute Resolution, International Commercial Courts, and the Future of International Commercial Law
- Postscript
- List of Participants in the 3rd Judicial Roundtable: 29 September to 1 October 2021
- Index
- Copyright Page