International commercial courts and EU law: easing the tension

Abstract

International commercial courts (ICCts) are hybrid dispute resolution fora, whose features often differ from the ones of ‘ordinary’ courts. Thus, the legal nature of ICCts is not always clear. The authors submit that it is doubtful whether an ICCt should be qualified as a self-standing adjudicative body, or as a chamber of a larger court. This, in turn, may undermine the applicability of the European Union cross-border litigation regime, and affect enforceability. Using the Netherlands Commercial Court as a case study, this article proposes two alternative avenues for reform, aimed at enhancing legal certainty and ensuring international enforceability.