On Thursday 4 June 2025, Baker McKenzie and South Square hosted the panel, “The rise of International commercial courts: what it means for the Rule of Law, English lawyers, and the standing of English law worldwide” as part of London International Disputes Week 2025. Mr Justice Foxton, Sir William Blair (of Qatar International Court and Dispute Resolution Centre), Charles Thomson (of Baker McKenzie) and Georgina Peters (of South Square) provided their insights into the increasing role of International Commercial Courts in the resolution of international commercial disputes and the opportunities presented for the use and influence of English law, and related opportunities for English lawyers, in a panel moderated by Ben Ko (of Baker McKenzie). Here we outline the key takeaways from this discussion.
The Rise of Commercial Courts and the Blueprint of the Commercial Court of England and Wales
Over the past two decades, International Commercial Courts (ICCs) have emerged across Asia, Europe and beyond. At the forefront of this development sits the Commercial Court of England and Wales, widely regarded as the foundational model from which many of these specialist institutions have drawn their key features. The preponderance of international cases, together with the deep commercial experience of the judges, have enabled it to make an immense contribution to commercial law. The predictability of English commercial law along with the availability of international interlocutory remedies, combined with the judiciary’s ability to deliver commercially contextual and well-reasoned decisions have made it an ideal blueprint. The adoption of such features has put many of these courts on par with other leading forums in the international commercial disputes arena. ICCs have also added new dimensions to the model such as enhanced cross-border coordination, where professional advisers liaise with counterparts in other jurisdictions to align procedural timetables, particularly in complex cases like those arising from corporate administrations.
ICCs as Catalysts for Economic Confidence and the Rule of Law
The establishment of ICCs offers host states more than just legal credibility, they deliver tangible economic benefits. The courts’ presence signal a clear commitment to the rule of law, a cornerstone for attracting and safeguarding foreign investment. In jurisdictions where reasoned judgments are not the norm, ICCs provide a forum for principled commercial dispute resolution while also broadening the range of dispute resolution options available to commercial parties seeking legal certainty. Over time, their presence and consistent practice will reinforce confidence in the rule of law both locally and across borders.
ICCs and Arbitration: A symbiotic relationship
The once-perceived rivalry between commercial courts and arbitration is steadily evolving into a symbiotic relationship. While arbitration has faced criticism for becoming overly judicialised, ICCs are paradoxically emerging as strong contenders by offering public, enforceable judgments and procedures that align with the evolving demands of global commerce.
Much of their attractivity has been informed by arbitration, which has long been favoured in international disputes for its flexibility, procedural efficiency, ability to appoint international panels, and enforceability under the New York convention. There is however a possibility that the ICCs aspire to a similar reciprocity (see SIFoCC). Recently the Cour d’appel de Paris has shown that where reciprocity is a condition for enforcement, as in many civil law systems, the nature of the issuing body matters. A decision rendered by a state-backed international commercial court is likely to carry greater weight than one from a private arbitral tribunal.
It is important to recognise, however, that while both ICCs and arbitration aim to attract international commercial disputes, they serve distinct yet complementary roles. Arbitration offers confidentiality and finality, but its ad hoc and consensual nature limits its ability to harmonise commercial laws or bind-non parties, whereas litigation usually provides public accountability and enables broader legal development. Both have their part to play in the global dispute resolution ecosystem.
SIFoCC and Its Role in Shaping ICC Cooperation
The Standing International Forum of Commercial Courts (SIFoCC) plays a central role in facilitating unity amongst the ICCs. With over 50 member jurisdictions, including many from the developing world, SIFoCC facilitates the exchange of best practices, particularly in areas like technology and case management. It promotes mutual respect for diverse legal traditions and encourages peer-to-peer relationships amongst the judiciary. By supporting capacity-building and procedural innovation, SIFoCC underscores the interdependence between courts, especially in enforcement and procedural matters. Its commitment to shared learning marks the first global initiative of its kind, grounded in the belief that courts working together can more effectively uphold the rule of law than they can in isolation.
Lessons and Future Opportunities for English Lawyers
ICCs are not only reshaping the global legal landscape, they are also redefining the role of the modern commercial lawyer. As ICCs evolve, they present a growing opportunity for lawyers to engage with complex questions of foreign law, procedural innovation, and cross-border legal strategy. The shift from treating foreign law as a fact to be proven by expert evidence in English Courts to one addressed through legal submissions in ICCs reflects a broader trend towards globalised interpretive openness. ICCs like the ADGM Court are blending common law with local law, requiring lawyers to be agile, culturally aware, and technically sharp. For English practitioners, the frequent presence of eminent retired English judges on ICC panels who often rely on established principles of English law if applicable domestic law is absent, presents not only an advantage but a unique opportunity to shape global jurisprudence, adapt to new procedural norms, and meet international expectations.
A pdf-file with our report of the panel discussion can be found here.
