Document Type

Article

Publication Title

The American Journal of International Law

Volume

116

Publication Date

2022

Abstract

Around the world, domestic courts focused on commercial disputes hire foreign judges. The practice seems to resemble arbitration, but is also rooted in colonialism. These traveling judges are predominantly retired English judges hired by small, market-dominant jurisdictions, like Hong Kong or Dubai. The judges’ identities reveal efforts to harness business preferences for English common law into domestic court systems. While judges aspire to spread the rule of law, local politics may dictate these courts’ futures. This Article maps the practice of traveling judges and explores its implications.

Rights

Copyright © The Author(s), 2022. Published by Cambridge University Press for The American Society of International Law.

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Law Commons

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