A Snapshot of the Current Court System’s Nodes and Challenges

Abstract

Abstract This chapter provides a view of the current landscape of courts and quasi-courts (i.e. specialized bodies) in the field of financial dispute resolution in the European Union, and analyses how it works as a ‘system’. First, it analyses the system of ‘nodes’, or dispute resolution bodies in public law disputes, including the coordination between national and European courts, between national courts, and between courts and quasi-courts, i.e. specialized appeal bodies. Secondly, it analyses the system of nodes for private law disputes, including courts with a vocation for international financial and/or commercial disputes, such as the Financial List, or courts in France, Dubai, Abu Dhabi, China, or the US, mechanisms for mass, small-ticket disputes, ADR mechanisms, as well as the role of private law disputes as a follow-up of public law disputes, or an enforcement mechanism of public regulatory law. Finally, the chapter analyses the interplay between specialist financial courts and commercial and investment arbitration.