Global trend on creation of specialized international commercial vessels: features of resolution of the competence question

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By the example of the first judgment of the Netherlands Commercial Court on March 8, 2019 in the case of Elavon Financial Services DAC v. I.P.S. Holding B.V. and others , applying the NCC Special Rules, the author examines the specifics of resolving the issue of competence when referring a dispute to a specialized state international commercial court. It analyzes the special prerequisites for the transfer of a cross-border commercial and civil dispute to such a court, the qualifying factors that are significant for assessing the international component of the dispute, its commercial and civil character, the legal nature of the new procedural instrument - the language agreement. It concludes that the Netherlands Commercial Court may become a center for the resolution of international commercial disputes in the member countries of the European Union.

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International commercial court, cross- border commercial dispute, international jurisdiction, language agreement, netherlands commercial court

Короткий адрес: https://sciup.org/170173131

IDR: 170173131   |   DOI: 10.24411/2072-4098-2020-10406

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