نوع مقاله : مقاله علمی - پژوهشی
نویسنده
گروه حقوق تجارت بین الملل و حقوق مالکیت فکری و فضای مجازی، دانشکدە حقوق، دانشگاه شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In line with the development of international trade and investment in recent decades, the identification and application of specialized, up-to-date, reliable, and transnational dispute resolution methods has become an undeniable necessity for all countries seeking to attract foreign investment. In this context, international commercial courts have emerged as a new mechanism for resolving international disputes. These courts have been established and operationalized in many countries, including the United Arab Emirates. Specifically, the international commercial courts based in the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM) stand out as key examples, having adopted a dynamic and modern approach in positioning themselves as international dispute resolution platforms. However, the key question is: what are the most important factors that attract international commercial courts to Dubai (DIFC) and the Abu Dhabi Global Market (ADGM)? In response to this question, it can be argued that the modern, technology-driven approach, based on virtual and remote hearings, the establishment of a Small Claims Court to expedite and minimize the costs of litigation, alignment with alternative dispute resolution (ADR) methods, the possibility of using foreign lawyers, and the identification of effective mechanisms for the widespread enforcement of international awards are among the most important factors contributing to the attractiveness of these courts. Therefore, this research aims to analyze and evaluate the structure and characteristics of these courts through a descriptive-analytical study in order to propose a suitable framework for the establishment of such international institutions.
کلیدواژهها [English]
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