Globalization, Processes of Judicial

Michele Taruffo

The connection between globalization and dispute resolution by means of various types of procedures has several aspects beyond simply judicial processes involved in globalization. Three significant aspects of globalization have a direct influence upon dispute resolution: The growing globalization of legal culture, due to the fast circulation of information about legal topics, particularly in some domains, such as contract law, commercial law, and tax law. Of course, a worldwide common legal culture does not exist and perhaps will never exist, but the era of only national and local legal cultures is over. Millions of legal transactions are made—in cyberspace as well as in more traditional forms such as written commercial contracts—among persons and companies located in different countries all around the world. Correspondingly, a growing number of transnational disputes arise between parties that do not “belong” to the same national jurisdiction. The combination of these and several other factors may ...

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