In this book, senior judges and academics at the forefront of transnational commercial law in Asia, Australia, Europe, the US, and elsewhere, reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR).The chapters consider: (1) What types of cross-border commercial disputes will arise in the future and what resources will be needed to respond to them in a cost-effective, time-efficient, and equitable manner? (2) Is there still merit in a multilateral approach to transnational commercial law and ICDR, despite the closing of borders, the rise of protectionism, and the disruption of global supply chains? (3) What reforms and innovations should courts, arbitrators, and mediators contemplate when navigating the post-pandemic landscape? (4) Can the accelerated use of remote technology in ICDR (as prompted by the pandemic) be leveraged to enhance access to justice for all?With a focus on the current crisis in globalism, as well as the associated problems of ensuring justice and fairness in the resolution of cross-border commercial and investment-state disputes along the Belt-and-Road and elsewhere, the book will be an invaluable resource for academics, judges and practitioners alike.

Analyses how the accelerated use of remote technology in litigation, arbitration, and mediation (as spurred by the pandemic) can enhance access to justice for all

Introduction: Justice in a Globalised AgeSundaresh Menon (Chief Justice of Singapore)PART IWHAT IS AN INTERNATIONAL COMMERCIAL DISPUTE?1. A Bird's Eye View of International Commercial Dispute ResolutionPak Hei Li (Hong Kong barrister)2. International Commercial Dispute Resolution as a SystemJames Allsop (Chief Justice of the Federal Court of Australia ), and Samuel Walpole (University of Queensland, Australia)3. The Landscape of International Commercial CourtsJianping Shi (Shanghai University, China)4. The Driving Forces behind the Swinging PendulumBernard Eder (Singapore International Commercial Court)PART IIIDAVID AND GOLIATH: INVESTOR-STATE DISPUTE SETTLEMENT5. An Introduction to Investor-State Dispute SettlementJianjian Ye (Quinn Emanuel Urquhart & Sullivan LLP in New York, USA)6. The Way Forward in Investor-State Dispute Settlement: How Do We Balance the Needs of States with the Demands of Investors?Anselmo Reyes (Singapore International Commercial Court)PART IVTHE PERFECT AS THE ENEMY OF THE GOOD - THE IMPORTANCE OF FINALITY AND CERTAINTY7. The Need for Finality and Certainty in International Commercial Dispute ResolutionWilson Lui (University of Hong Kong)8. Towards the Just Resolution of Disputes: How Do We Balance Commercial Certainty and Achieving the Right Result?Nallini Pathmanathan (Federal Court of Malaysia), and Joanne Tan Xin Ying (Federal Court of Malaysia)PART VTHE LEX MERCATORIA AND THE CONVERGENCE OF INTERNATIONAL COMMERCIAL LAW9. An Anatomy of the Lex MercatoriaJason Lin (trainee solicitor in London)10. Developing the Lex MercatoriaTiong Min Yeo (Singapore Management University)PART VITHE IMPACT OF COVID-1911. How the Pandemic has Changed the Landscape of International Dispute ResolutionCedric Yeung (Hong Kong barrister)12. Shaping the Future of International Dispute ResolutionDouglas Jones AO (Singapore International Commercial Court) and Jonathan Mance (Astana International Financial Centre Court, Kazakhstan)Conclusion: Transnational Dispute Resolution, International Commercial Courts, and the Future of International Commercial LawPamela Bookman (Fordham University, USA), and Alyssa King (Queen's University, Canada)