Comparative Law Researches

Comparative Law Researches

Synergy of International Commercial Courts and International Commercial Arbitration in Special Economic Zones

Document Type : Original Research

Author
Haleh Hosseini Akbarnejad
Assistant Prof., Department of Law, Faculty of Social Sciences, Imam Khomeini International University
Abstract
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

Subjects

1. Chaisse, Julien and Dimitropoulos,”Georgios, Special Economic Zones in International Economic Law: Towards Unilateral Economic Law”, Journal of International Economic Law, Vol. 24, 2021, pp. 229–257
2. Meng, Guangwen and Zeng, Douglas Zhihua, “Structural transformation through free trade zones: the case of Shangha”, Transnational Corporationas, Vol. 26, No. 2, 2019, pp. 95-115.
3. Georgios Dimitropoulos, International Commercial Courts in the ‘Modern Law of Nature’: Adjudicatory Unilateralism in Special Economic Zones, Journal of International Economic Law, 2021, 24, 361–379.
4. Chaisse, Julien and Ji Xueliang, “The Pervasive Problem of Special Economic Zones for International Economic Law: Tax, Investment, and Trade”, World Trade Review, Vol. 19, No. 4, 2020, pp. 567 – 588.
5. Alcolea, Lucas Clover, “The Rise of the International Commercial Court: A Threat to the Rule of Law?, Journal of International Dispute Settlement”, Vol 13, 2022, pp. 413–442
6. Carballo, Alejandro, “The Law of the Dubai International Financial Centre: Common Law Oasis or Mirage within the UAE?”, Arab Law Quarterly , Vol. 21, No. 1,2007 , pp. 91-104.
7. Yip, Man, “The Resolution of Disputes Before the Singapore International Commercial Court”, International and Comparative Law Quarterly, Vol. 65, No. 2, 2016, pp 439-473.
8. Yip,Man ‘The Singapore International Commercial Court: The Future of Litigation?’ Erasmus Law Review Vol. 19, 2019, pp. 88-105.
9. Yap, Natalie “The Singapore International Commercial Court”, the Japanese Commercial Arbitration Journal, Vol. 67, No 8, 2020, pp. 25-32
10. Guo, Zhengxin and Yip, Man, “Comparing the International Commercial Courts of China with the Singapore International Commercial Court”, International & Comparative Law Quarterly , Vol. 68 , No. 4 , 2019 , pp. 903 – 942.
11. Antonopoulou, Georgia, “The ‘Arbitralization’ of Courts: The Role of International Commercial Arbitration in the Establishment and the Procedural Design of International Commercial Courts”, Journal of International Dispute Settlement, 2023, pp. 1–22.
12. Chaisse, Julien and Qian, Xu, “Conservative Innovation: The Ambiguities of the China International Commercial Court”, American Journal of International Law Unbound, Vol. 115, 2021, pp. 17-21 .
13. Blanke, Gordon, “Free Zone Arbitration inthe United Arab Emirates: DIFC v. ADGM: (Part I)”, Journal of International Arbitration, Vol. 35, No. 5, 2018, pp. 541 – 573.
14. Zain Sharar, Michael Earley, “The Qatar International Court: Judicial Updates”, The MENA Business Law Review 2018, pp. 46-50

15. Zeng, Douglas Zhihua,. “How do special economic zones and industrial clusters drive China’s rapid development?” Policy Research Working Paper 5583, World Bank, Washington, 2011, DC. DOI: 10.1596/1813-9450-5583
16. UNCTAD, World Investment Report 2019—Special Economic Zones (Geneva: UNCTAD, 2019).
17. UNCTAD, Global Investment Trend Monitor, No. 38 (UNCTAD/DIAE/IA/INF/2021/1), 24 January 2021
18. Otobe, Naoko ‘Export-Led Development, Employment and Gender inthe era of Globalization’, Employment Working Paper No. 197 (ILO, Geneva, 2015).
19. Koste, Harold and Obe, Mark Beer, “The Dubai International Financial Centre (DIFC) Courts: a specialised commercial Court in the Middle East”, 2018, Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3237126
20. Saito, Akira, “International Commercial Arbitration and International Commercial Courts: Towards a Competitive and Cooperative Relationship” In: Harmonising Trade Law to Enable Private Sector Regional Development, New Zealand Association of Comparative Law, Volume XX, 2016, pp. 33-57.