The institutional design of international commercial courts: toward a hybrid adjudication model

Diplôme Master The institutional design of international commercial courts: toward a hybrid adjudication model eng 2024-12-27 author Nie Yuxin 422546 director Schultz Thomas 0000-0003-3731-2692 106642 Département de droit international privé (INPR1) 48 <p>This thesis examines the institutional design of international commercial courts (ICCs) and their development as hybrid adjudicatory bodies that blur the traditional line between public courts and private arbitration. By analyzing their jurisdiction, procedural rules, and operational features, the study shows how ICCs strategically combine elements of both systems to create a new model for transnational dispute resolution. The rise of ICCs reflects a mix of overlapping interests. For businesses, they offer a response to the perceived weaknesses of arbitration—such as lack of transparency and limited appeal—while preserving procedural flexibility. For states, ICCs serve economic and sometimes geopolitical goals. Law firms and legal professionals have also influenced their design, seeing them as an opportunity to expand legal markets. However, this hybrid nature brings both potential and complexity. The thesis identifies three main concerns. First, the often-used regulatory competition framework does not fully explain the varied motivations behind ICCs or the distinct legal markets they aim to serve. Second, while some worry that ICCs weaken courts’ public role, many of these courts contribute to legal development through published judgments. Third, their institutional design often reflects neoliberal values, raising questions about equity and the role of courts in society. As ICCs continue to grow, their success will depend on finding a balance between commercial efficiency and public accountability—offering not just a new forum for business disputes, but a more inclusive model of international adjudication.</p> Dewey 340 Master en droit international et européen 5 Faculté de droit 5 false dc15f1dc-45f0-4388-bc62-bb44a5495e8e Master thesis Private Seminar_Thesis_-_Yuxin_Nie.pdf 669859 application/pdf 4c820a2f736ae61288d7fc5a85c9cdca0eb8dbe480a9b1667a2516ca062838fb closedAccess Faculté de droit

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