This chapter traces the historical evolution of commercial dispute resolution, from the medieval merchant courts to the emergence of modern hybrid commercial courts. It explores how commercial adjudication mechanisms have adapted over time to meet the changing needs of international trade and cross-border commerce. The analysis focuses on the features that distinguish hybrid courts—such as the Dubai International Financial Centre Courts or the Singapore International Commercial Court—including their procedural flexibility, international composition, and reliance on transnational legal standards. By examining the intersection of private autonomy and public adjudication, the chapter assesses whether hybrid commercial courts can enhance effective judicial protection in cross-border financial disputes and reinforce trust in global economic governance.
Lamandini, M., Ramos Munoz, D. (2024). From the merchant courts to hybrid commercial courts. A (provocative) idea for a test-case: an EU hybrid court for private-law disputes in the law of finance, and how?. Milano : FrancoAngeli.
From the merchant courts to hybrid commercial courts. A (provocative) idea for a test-case: an EU hybrid court for private-law disputes in the law of finance, and how?
LAMANDINI, MARCO;RAMOS MUNOZ, DAVID
2024
Abstract
This chapter traces the historical evolution of commercial dispute resolution, from the medieval merchant courts to the emergence of modern hybrid commercial courts. It explores how commercial adjudication mechanisms have adapted over time to meet the changing needs of international trade and cross-border commerce. The analysis focuses on the features that distinguish hybrid courts—such as the Dubai International Financial Centre Courts or the Singapore International Commercial Court—including their procedural flexibility, international composition, and reliance on transnational legal standards. By examining the intersection of private autonomy and public adjudication, the chapter assesses whether hybrid commercial courts can enhance effective judicial protection in cross-border financial disputes and reinforce trust in global economic governance.| File | Dimensione | Formato | |
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From the merchant courts to hybrid commercial courts..pdf
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