Controlling the Exercise of Public Authority in Special Economic Zones: International Commercial Courts as Hybrid Administrative Courts

Abstract
Over the last two decades transnational economic dispute settlement system has witnessed the establishment and increasing use of international commercial courts. Altough such courts have been established under various structural frameworks and in different legal, economic and political environments four of them have been distinguishable from the others. Because these four international commercial courts, namely DIFC Courts, ADGM Courts, Qatar International Court and Dispute Resolution Center and AIFC Courts have been established and operate as judicial bodies of special economic zones. Altough these courts have primarily specialized in the resolution of complex cross-border civil and commercial disputes they also possess powers to review the legality of actions of the administrative bodies exercising public authority in special economic zones. Therefore, this article aims at defining and conceptualizing such international commercial courts as hybrid administrative courts controlling the exercise of public authority in special economic zones. Against this background, this article carries out a descriptive comparative analysis of legal norms empowering these courts to review the legality of administrative action. Considering the backlash by various states against the current system of international investment law and arbitration in recent years, it is also discussed that if such international commercial courts as products of domestic law could assume the functions of investment arbitration in special economic zones in disputes of public law nature involving foreign investors.

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