University of Pennsylvania Journal of International Law
Publication Date
Winter 2025
First Page
477
Document Type
Article
Abstract
The rise of international commercial courts (“ICCs”) intensified discussions about their “internationality.” However, what “internationality” truly means—whether as a normative matter or its practical manifestation—remains unarticulated in the literature. Our Article addresses this gap by examining the concept of internationality in ICCs both theoretically and empirically, which has further prompted a reevaluation of global dispute resolution paradigms.
This Article delivers three key contributions. First, it introduces a nuanced framework to assess an ICC’s internationality. Moving beyond seemingly obvious but ultimately superficial indicators of internationality (e.g., inclusion of foreign judges, use of English as the court language), this new framework is premised on the core objectives which internationalization processes are meant to achieve. This framework draws insights from comparisons with other established dispute resolution mechanisms and integrates foundational values of dispute resolution, such as impartiality, efficiency, diversity, and flexibility.
Second, applying this framework, we identify significant discrepancies—both jurisdictional and procedural—between conceptual expectations and actual implementations in ICC judgments from China, Singapore, and the Netherlands. One notable example is the frequent involvement of international judges in cases unrelated to their home country’s legal systems.
Third, the Article suggests targeted reforms inspired by these findings, proposing effective strategies for China and the Netherlands to enhance their ICCs’ standing without extensive legislative changes. More broadly, this study highlights the mismatch between normative assumptions and practical outcomes in dispute resolution, emphasizing the need to align theoretical benchmarks with intrinsic values and real-world dynamics of the field. University
Repository Citation
Yueming Yan and Tianyu Liu,
Measuring and Advancing Commercial Courts' Internationality,
46
U. Pa. J. Int’l L.
477
(2025).
Available at:
https://scholarship.law.upenn.edu/jil/vol46/iss2/4