Business Courts in the United States and Around the World

The Netherlands

The Dutch Companies and Business Court in the Netherlands function as a separate section of the general court of appeal in Amsterdam. The bench consists of five people, three of whom are specialist judges with legal training; the remaining two are lay experts. It is important to note that a business court exists in the Netherlands because it is a civil law system, which indicates the varied forms of governance that business courts can adapt to.

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.

Business Courts in the United States and Around the World

Ireland

The Commercial List of the High Court of Ireland was established in 2004. The court is presided over by one judge, with expertise in business law. To be eligible for the commercial list, the claim must be a business dispute, and must be for at least 1,000,000 Euros. There is no entitlement to the use of the court; it is solely left to the judge’s discretion if the statutory cap is met.

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.

Business Courts in the United States and Around the World

Hong Kong

Hong Kong has established a business court as a division of the High Court of Hong Kong by way of a Commercial List establishing standards and issues that fall under the business court’s jurisdiction. Under the Rules of the High Court, the Chief Justice has power to make special provision for particular types of proceedings allowing certain business before the Court of First Instance is dealt with by specialist judges applying the Commercial List. This division of the High Court also seeks to provide expeditious and competent results in complex commercial cases.

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.

Business Courts in the United States and Around the World

Australia

Sydney, Australia has maintained a commercial court for over 100 years. It was established in 1903 under the Commercial Causes Act as a division of the state Supreme Court. The Court operates under the guide of a Commercial List setting the types of cases and issues that it may hear. The Commercial List also contains a function mandating summary and informal pleadings and a flexible approach to discovery and other interlocutory issues with a view to expedition and saving costs. Six judges are assigned to this Court, 3 under the Corporations List and 3 under the Commercial List. The Commercial Court has been very effective and generally praised as a tool for those involved in complex business litigation.

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.

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.

Business Courts in the United States and Around the World

Business Courts from Around the Globe (A Brief Prospective)

The following section of this Blog will provide brief case studies of international business courts from around the globe. The list of examples is certainly not exhaustive, but it does provide a nice backdrop for illustrating the varied forms a business court can take. Moreover, as explained below, no two countries’ business courts are identical in every fashion, suggestive of the varied approaches tailored to fit the needs of a given jurisdiction.

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.

Business Courts in the United States and Around the World

The Delaware Model

The Delaware Court of Chancery, created in 1792, was the first business court established in the United States. The Court of Chancery has broad jurisdiction over disputes involving the internal affairs of Delaware business entities, disputes arising in corporate matters, trusts, estates, and other fiduciary matters, disputes involving the purchase and sale of land, questions of title to real estate, and commercial and contractual matters in general. It also tackles technology disputes arising out of agreements involving at least one Delaware business entity. Once a case has been filed and it concerns a business matter there is a presumption that the case belongs in the Court of Chancery at the time of filing; however the Chancellor/Vice Chancellor has discretionary authority to transfer the case to Superior Court.

The Court of Chancery has been a model for other business courts to follow and apply their own specific adaptations to meet the growing needs of commercial litigants. Recently, in order to become more responsive to the needs of the large number of businesses which have organized in the state, the Delaware Court of Chancery has expanded its jurisdiction to hear and mediate technology-related disputes over $1 million upon mutual agreement of the parties, provided at least one of the parties is a Delaware business entity. It is also appropriate that Delaware would be the birthplace of such a court considering the unparralled amount of business that takes place in the State.

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.