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The invisible export

Competition between the international commercial courts of London and Dubai looks set to continue in the new global market, writes Rupert Reed QC

20 June 2017

Recently, the Courts of the Dubai International Finance Centre (DIFC) tweeted on Clyde & Co’s ‘2017 Middle East Deal Study’, which included some very healthy metrics for the DIFC courts, the leading international commercial court in the Middle East. Of the regional M&A parties opting for litigation, 76 per cent now choose the DIFC courts, up from 47 per cent in 2015. Only 6 per cent still choose the English courts. Of those instead preferring arbitration, 84 per cent chose the DIFC-LCIA Rules and 69 per cent the DIFC as a seat, implicitly with DIFC court supervision.

The Commercial Court in London (CCL) doesn’t do social media, nor does it have a website. What it does have is Lord Chief Justice Lord Thomas, who recently gave a series of lectures in Dubai, Singapore, the Cayman Islands, and Beijing, marketing the CCL as the ‘ideal’ commercial court, responsive to the nee...

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