Monday, March 1, 2010

Business Courts in the United States and Around the World

National Systems of Commercial Courts

The above examples provide for the establishment of national business courts, while some countries actually organize a system of national courts, consisting of both trial and appellate courts. In this type of system, jurisdictional requirements tend to be less rigorous. In general, the matter in dispute simply needs to involve one or more businesses, domestic or foreign, and relate to an issue of commerce. This pattern is older than the business court model, and is often found in civil law systems.

The most appropriate example of a nationalized commercial court system can actually be found in France. France has long had a national system of commercial courts, including both courts of first instance (trial) and appellate courts. In total, there are almost 200 commercial courts throughout the country. The commercial courts do not impose jurisdictional requirements on litigants meaning any commercial case, whether routine or complex, can be heard in the commercial courts. In addition, the judges hearing such disputes are not required to have a specialized knowledge of business law.

This national system of self-contained commercial courts is quite common in Europe and Asia. Countries such as Belgium, Russia, Serbia, Spain, Turkey, and Ukraine also maintain a separate system of courts dedicated to commercial matters. In Spain, each provincial capitol maintains a commercial court, presided over by a specialist judge.

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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