International Economic Integration and the Evolution of the Principles of Civil Procedure

The authors examine how new technologies and the globalization of world trade affect national judicial systems and change the traditional principles of legal proceedings in state courts. It was revealed that: 1) the existence of a global market for competing jurisdictions in the field of dispute resolution is no longer disputed: many authors also use the term “litigation market”; moreover, competition between international courts can have a positive effect; 2) in the foreseeable future, national state international trade courts may well compete with international commercial arbitration tribunals; 3) the integration of international commercial courts into the national judicial systems has led to the modernization of the principles of legal proceedings, in particular, one of the basic principles- the national language of the judicial process. Thus, the possibility of conducting proceedings in a foreign language can be called the essential one in promoting new courts in Europe and worldwide. 4) one of the significant advantages of arbitration is the ability to execute arbitral awards based on the 1958 New York Convention, but this can be overcome if the Hague Convention on Judicial Judgments of 2019 is ratified.

Authors
Publisher
Springer
Language
English
Pages
1589-1597
Status
Published
Volume
198
Year
2021
Organizations
  • 1 Peoples' Friendship University of Russia|(RUDN University)
  • 2 Vladivostok State University of Economics and Service
  • 3 Far Eastern Federal University
Keywords
Commercial cross-border litigation; international arbitration; International commercial courts; Litigation market
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