Wednesday, February 17, 2010

Business Courts in the United States and Around the World

England and Wales

England and Wales contain both a Commercial Court and Admiralty Court reflecting the fact that the same judges sit in the two courts with a shared administration and common practice. The jurisdiction of the Commercial Court extends to any claim relating to the transactions of trade and commerce (including commercial agreements, carriage of goods by seas, import and export, arbitration and competition matters). The Admiralty Court has exclusive jurisdiction over certain maritime claims (including the arrest of ships, collisions and salvage). It has co-extensive jurisdiction to that of the Commercial Court in respect to many claims under bills of lading or under charter parties.

This system of co-extensive jurisdiction will be coming to a halt in 2010 with the arrival of the “Business Court” which will incorporate portions of the work of the Chancery Division, the Commercial Courts, and the Technology and Construction Court. Trademark issues, patent disputes, and international contract issues will also be included in the court’s jurisdiction. By having specialist judges hear business-related cases in a single building designed for that specific purpose and built to make effective use of information technology, the two goals of expertise and efficiency should be served.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

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