| Given the fact that global trade has massively increased during the last decades one would expect an increase in trade law cases before courts accordingly. In fact, however, empirical research shows that the numbers of trade law cases brought before state courts is continuously decreasing. Some legal scholars try to correlate the decreasing importance of state courts for international trade law cases with an ever increasing importance of alternative dispute resolution measures, especially arbitration (“The Vanishing Trial”). We will try to explore this thesis on an empirical basis. For this purpose we have evaluated already existing empirical data but have also carried out empirical studies ourselves. As a result of our research we can plausibly verify a decreasing importance of state courts in trade law cases. |
No. 133/2010
Hermann Hoffmann
Andreas Maurer
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