Analysing International Commercial Litigation: Key Legal Issues

This case study delves into various aspects of international commercial litigation, addressing drivers behind the establishment of international commercial courts, the application of the Convention on Choice of Court Agreements, and the concept of forum shopping within Australia's jurisdictional rul...Read More

International
Commercial Litigation

TABLE OF CONTENT
Question 1 What are the drivers behind the establishment of international commercial courts? In
your opinion, do the benefits of an international commercial courts outweigh the negatives?.......4
Question 2.........................................................................................................................................4
1. Do the proceedings fall within the scope of Articles 1 and Articles 2 of the Convention on
Choice of Court Agreements?............................................................................................................4
2. can Das Bulk rely on the Convention to stay the proceedings in China and enforce the choice of
courts clause nominating Singapore?................................................................................................5
Question 3 What is forum shopping and how do Australia's rules on jurisdiction facilitate forum
shopping? .........................................................................................................................................5
Question 4.........................................................................................................................................5
1.Can Mobile Phones Australia serve court processes on PC Solutions?...........................................5
2. If PC Solutions was incorporated in Singapore instead of New Zealand, can court processes still
be served?.........................................................................................................................................6
REFERENCES..........................................................................................................................................6

Question 1 What are the drivers behind the establishment of international commercial
courts? In your opinion, do the benefits of an international commercial courts
outweigh the negatives?
International commercial court helps out to resolve all the disputes regarding to all the
international contracts and the arbitration clause. It focus on effectiveness and availability of
the cross-border commerce with investments. There is being seen a high growth of economics
in the emerging market and for that the emergence of trade relations within the countries
minus the international arbitration with focus to make the commercial courts through which
they maintain that additional centres with all the general modernise arbitration laws and a
judicial attempt (Habert, 2018). In 2014 commercial court was being framed with a separate
division in Supreme Court of Victoria in order to increase the complexity and the volume of
commercial matters they also mandate the civil procedure at 2010 with the commercial
litigations through which all the cost effective resolution is being made. Some of the major
advantages of international commercial courts are like it helps out to manage to resolve the
dispute in a shorter time period with a lower cost and also maintain the privacy and flexibility
with the poor proper enforceable and final judgement international commercial court focus on
solving the issues and the disputes in the international level where all the trade in the global
relations were being managed so as to create a friendly environment. There has been seen that
international forum focus on managing the promotion and welfare.. All the decision makers
were being selected by parties with their characteristics and desired goals and experience. It
has to manage the efficient resolution of disputes.
Question 2
1. Do the proceedings fall within the scope of Articles 1 and Articles 2 of the Convention
on Choice of Court Agreements?
The article 1 states that the convention usually apply all the international conventions
to have exclusive choices in court agreement regarding to their commercial and civil matters.
Along with that all the case in the international areas where the parties are being the resident
in the contracting states within the relationship of parties and other elements regarding to the
disputes will be according to the location details being chosen by the court(Kiskachi, 2019). .
Further in article 1 it also states that all the cases in international in which all the recognition

and the enforcement is made through the foreign judgement. Whereas, article 2 provides that
convention will not be applied to have exclusive choice in courts where the natural person
acting regarding to the personal, family and other household purpose or it is related to
contract of employment. The convention will not be applied for any kind of maintenance,
family issues, legal capacity, insolvency, bills, anti-trust, liabilities and many more. The
convention will not be applied on any kind of arbitration proceedings and other conventions
regarding to the government and other agencies in state (Grion, and Zanelato, 2021).
2. Can Das Bulk rely on the Convention to stay the proceedings in China and enforce the
choice of courts clause nominating Singapore?
Das Bulk can rely on all the proceedings that are being given by the China for the
enforcement of the choice of nominating the court of Singapore as a convention state about
choosing the court in order to manage all the disputes regarding to their commercial matters.
He can also choose any other location as in regard to their own comfort for the agreement for
the civil and commercial matters as this case will deal in the trading and according to the
international enforcement with the foreign judgement.
Question 3 What is forum shopping and how do Australia's rules on jurisdiction facilitate
forum shopping?
Forum shopping are generally all such practices where the litigants used to file their
legal matters in case in order to get a proper probable favourable verdict. This can also be
said as the practice in which all the dispute resolution in the form can be managed for the
complain that is being concerned or the action particularly be found. In all the Australian law
reform this is usually be commissioned in order to manage all the conflicts that has been
identified and created major issue. It focus on providing the substantial advantages and also
to apparently focus on all the unrelated jurisdiction. The major choice of forum are like their
jurisdiction is mainly being based on the territory, interstate services, cross vested litigations
with the choice of law in general diversity jurisdiction in the change in venue regarding to
their cross vesting schemes. It is been framed that all the disputes are addressed by the forum
in order to manage the work and the general substantial nature.
Question 4
1.Can Mobile Phones Australia serve court processes on PC Solutions?
Mobile phones Australia can with the help of competition and consumer act 2010
search the court in order to cover the areas in the market as this act helps out to manage the
relationship between the wholesalers, suppliers, consumers and retailers and focus on

providing the welfare of Australians and their enhancement in order to promote competition
and free trading with their consumer protection. Any of the actions can be taken in order to
manage and avoid all such kind of infringement which is being taken with the consumers
right. This focus on regulating all the national interventions through which free trading can be
applied(Fei, 2020).
2. If PC Solutions was incorporated in Singapore instead of New Zealand, can court
processes still be served?
If PC solutions was in Singapore instead of New Zealand still the court have the right
to process in the same manner as that it was in Singapore as according to the international
commercial agreements and with the competition and consumer act any of the right of the
Australian cricket if there by being infringed then the action can be taken place with the same
verdict. There the international commercial activity also be applied for all the trading and the
other commercial activities which were being taken place and the infringement in any of the
case will make them to take strict action against it.
REFERENCES
Fei, L., 2020. Innovation and Development of the China International Commercial Court. The
Chinese Journal of Comparative Law, 8(1), pp.40-44.
Grion, R.S. and Zanelato, T.D.P., 2021. Historical Aspects of the New York Convention on
the Recognition and Enforcement of Foreign Arbitral Awards and Perspectives on
the Resolution of International Commercial Disputes. Arbitration: The International
Journal of Arbitration, Mediation and Dispute Management, 87(2).
Habert, J., 2018. Compendium of International Commercial Arbitration Forms: Letters,
Procedural Instructions, Briefs and Other Documents Autores: Sigvard Jarvin e
Corinne Nguyen. Revista Brasileira de Arbitragem, 15(60).
Kiskachi, M., 2019. The Use of the UNIDROIT Principles in International Commercial
Arbitration in the Absence of an Agreement on Their Application. Russ. Jurid. J.
Elec. Supp., p.52.