Hybridity in International Adjudication: How International are International Commercial Courts?

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How international are international commercial courts (ICommCs)? Among lawyers, the notion of international courts (ICs) comes with a strong public international law connotation. This Chapter traces examples of hybridity in international adjudication, focusing particularly on the admixing of domestic and international judicial forms, practices, and legal cultures. More specifically, we focus on three core forms of hybridity in relation to ICs and ICommCs: professional, institutional, and legal. After surveying a number of past and current ICs, we argue that hybridity is not a phenomenon only found in domestic international courts, but also a feature of many ‘proper’ ICs. We find that all three forms of hybridity are found at both ICs and ICommCs, which suggests that these – at first glance distinct forms of transnational adjudication – are in fact converging on a number of levels.
Original languageEnglish
Title of host publicationInternational Commercial Courts : The Future of Transnational Adjudication – An Introduction
EditorsGeorgios Dimitropoulos, Stavros Brekoulakis
PublisherCambridge University Press
Publication date2022
Pages447 - 467
Chapter18
ISBN (Electronic)9781009023122
DOIs
Publication statusPublished - 2022
SeriesStudies on International Courts and Tribunals

ID: 249688294