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Exigencies of hyper-globalized, invariably transnational, trade have exerted immense pressure on the global legal infrastructure to produce a dispute resolution mechanism that attends to the needs of international commerce. In this chapter, it is argued that international commercial courts (ICommCs) possess structural features that allow them to fill in that lacuna. Furthermore, it is argued that ICommCs are predisposed to implement a new wave of harmonization of international commercial law, with English common law at the forefront of this effort. Harmonization of international commercial law is argued to be desirable both theoretically, but more importantly, from a practical standpoint of increasing efficiency. Through the perusal of the most recent and prominent examples of ICommCs, it is further posited that these courts, thanks to their jurisdictional reach, procedural laws, bench composition and judgment enforcement are substantially better positioned than domestic courts or arbitral tribunals to effect such harmonization.
The justice system is infamously slow in adopting technology.1 Although recent years saw an exponential increase in the role played by technology within the justice system,2 the legal industry has not kept pace with technical advancements to the same extent as other sectors. As put by former Australian High Court Justice, Michael Kirby, a Dickensian lawyer would still feel at home in the court halls of the 1990s courts, while a Dickensian doctor would not comprehend a contemporaneous hospital due to immense modernisation that had taken place at the same time.3 However, in the COVID-19 era, the courts and tribunals are forced to conduct remote hearings, which imposes a degree of technological awareness and proficiency on the justice system.
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