Volume 27, Issue 4 (2023)
CLR 2023, 27(4): 23-60 |
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Assistant Prof., Department of Law, Faculty of Social Sciences, Imam Khomeini International University , Akbarnejad@soc.ikiu.ac.ir
Abstract: (429 Views)
With the establishment and development of special economic zones, the appearance of international trade disputes has increased and focusing on the legal methods of resolving the mentioned disputes has been part of the strategy of the relevant governments. International commercial arbitration is a common and accepted way of resolving disputes in special economic zones. However, some governments have established international commercial courts in these regions in the last two decades due to practical needs. Some features of international commercial courts that are modeled on the rules and methods of international arbitration are: more flexibility in proceedings, the possibility of appointing judges of foreign nationality, allowing the presence of foreign lawyers in court, allowing the parties to agree on conducting private proceedings and expanding the ability to enforce judgments. Also, some gaps in international commercial arbitration, which have been adjusted to some extent in international commercial courts, are: the possibility of a third party entervention, increasing the speed of proceedings, and the independence and impartiality of the investigating authority. In practical terms, also we see a two-way interactive relationship between these two institutions; Because on the one hand, international commercial arbitration has played an important role in the establishment of international commercial courts both in Europe and in Asia, and on the other hand, international commercial courts also play an increasing role in arbitration proceedings and they provide judicial assistance for carrying out and developing the arbitration process or guaranteeing the implementation of arbitration decisions. According to the performance perspective of international commercial courts, their comparative study seems to be a necessary step in order to provide a favorable model that fits the requirements of each country.
Keywords: International Commercial Courts, Special Economic Zones, International Commercial Arbitration, International Commercial disputes
Article Type: Original Research |
Subject:
Comparative Law
Received: 2023/05/17 | Accepted: 2023/12/28 | Published: 2024/02/21
Received: 2023/05/17 | Accepted: 2023/12/28 | Published: 2024/02/21
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