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Fresh Perspectives On What’s Shaping Arbitration #1
Mirella Janett, Walder Wyss
International Commercial Courts – A New Era for Dispute Resolution?
International commercial courts are emerging as specialised forums for cross-border disputes in numerous jurisdictions. Do these courts have the potential to redefine how international commercial disputes are resolved, and what impact will they have on the arbitration landscape?
Leading practitioners and global experts share their perspectives on what lies ahead:
“International commercial courts have the potential to complement the arbitration landscape by offering additional specialised forums for the resolution of complex cross-border disputes. Their appeal lies in procedural efficiency, judicial expertise, and publicly available judgments that allow for the development of predictable jurisprudence. Yet, where confidentiality, party autonomy, and global enforceability are paramount, arbitration will likely continue to be the forum of choice. From a litigation funding perspective, international commercial courts are a welcome addition to the international dispute resolution toolbox, enhancing access to justice and creating attractive investment opportunities thanks to their streamlined proceedings, judicial quality, and improved predictability.”
Franziska Studer, Co-Head Switzerland, France, Benelux, Nivalion AG, Switzerland
“We are excited to see international commercial courts ramping up. It is good to have this alternative route available with all its advantages. However, we see big players being in a waiting mode until there is more practical experience they can rely on. So, it takes some early movers to make this a success. Till then, we will probably see many stakeholders still relying on traditional commercial arbitration.”Clemens Heusch, Vice President, Head of Global Litigation and Disputes at Nokia
“The DIFC Courts are rapidly becoming a go-to forum for interim measures that support arbitration. In Carmon v Cuenda (2024), the DIFC Court of Appeal confirmed it can issue freezing orders to safeguard assets even before a foreign arbitral award or judgment is final, in a case where the only connection to the jurisdiction was a bank account in Dubai mainland. This power prevents parties from undermining future enforcement by hiding or dissipating assets. The recent Trafigura v Gupta (2025) decision reaffirmed that under the new 2025 DIFC Court Law, these powers remain fully intact – no physical asset link to the DIFC is required. If this trend continues, the DIFC Courts appear willing to grant early relief with only minimal ties to Dubai. As such, they offer a powerful synergy with arbitration, providing international practitioners with potent leverage in asset recovery.”
Rodrigo Carè, Senior Counsel at Galadari Advocates & Legal Consultants, Dubai
These insightful perspectives suggest that arbitration will most likely continue to dominate cross‑border disputes, while the specialized international commercial courts represent a welcome and valuable expansion of the dispute resolution options currently available. How, and by which users, these options will ultimately be embraced remains to be seen.