Assessing and Fostering Independence in Specialised Courts: Comparative Case Studies of the Brussels International Business Court, the Unified Patent Court and the Multilateral Investment Court.

In recent years, the independence of judicial institutions has represented one of the most debated issues in the context of the good administration of justice. Scholars have investigated mechanisms and principles fostering the independence of courts and developed sets of "indicators" to assess independence. Despite the vast literature on independence of generalist courts, a fundamental gap can be identified with respect to specialised courts. Specialised courts face different challenges than generalist ones. In fact, they may be more inclined to make decisions which favor the "mission" for which they are created. Moreover, specialised courts may - more than other courts - be subject to the influence exerted by interest groups. This project aims to provide a better understanding of judicial independence in the context of specialised courts. Desk research will be complemented by empirical research investigating the projects for the creation of the Brussels International Business Court (BIBC), the Unified Patent Court (UPC) and the Multilateral Investment Court (MIC). Although these courts have different goals, institutional designs and are facing distinct political challenges, they are all subject to intense criticism due to the alleged insufficient guarantees of independence. My final aim is to identify specific indicators and guidelines to asses and foster independence at the BIBC, the UPC and the MIC.

Keywords:SPECIALIZATION, INTERNATIONAL CRIMINAL COURT

Disciplines:European law, International law, Legal institutions, Litigation, adjudication and dispute resolution