Business and Commercial Courts

It has been suggested that this article be merged with Commercial Court. (Discuss) Proposed since March 2024.

|

Business Courts, sometimes referred to as Commercial Courts, are trial courts that primarily or exclusively adjudicate internal business disputes and/or commercial litigation between businesses, heard before specialist judges assigned to these courts.[1][2] Commerical Courts outside the United States may have broader or narrower jurisdiction than state trial level business and commercial courts within the United States, for example patent or admiralty jurisdiction[3]; and jurisdiction may vary between countries.[4]

## Business and Commercial Courts in the United States[edit]

Business Courts in the United States have been established in approximately twenty-five states. In some cases, a state legislature may choose to create a business court by statute. In other cases, business courts have been established by judicial rule or order, at the Supreme Court or trial court level.[5] Georgia created a statewide business court by constitutional amendment.[6]

In virtually all cases, the jurisdiction of the court to hear certain cases is limited to disputes that are in some way related to "business" or commercial disputes, and generally fall into two categories: (1) those courts which require that cases have an additional complexity component; and (2) those courts which establish jurisdictional parameters (i) through a defined list of case types (ii) combined with a specified minimum amount of damages in controversy, irrespective of complexity.[7]

In New York, for example, the trial level Supreme Court Commercial Division, following the case type and jurisdictional amount in controversy model, has jurisdiction over 12 listed case categories, such as breach of contract or Uniform Commercial Code claims, corporate internal affairs disputes, partnership law disputes, banking transaction matters, business torts, shareholder derivative actions, commercial class actions, and environmental or commercial insurance coverage disputes. By further rule, the Commercial Division expressly cannot hear a defined list of seven different categories of case types. Commercial Division Rule 202.70(a) sets out jurisdictional monetary thesholds, ranging from $50,000 in some counties to $500,000 in the Manhattan Commercial Division.[8] The Massachusetts Superior Court's Business Litigation Session (BLS) includes a jurisdictional list of case types, but instead of focusing on monetary thresholds as a gatekeeping mechanism, its governing directive provides for inclusion of listed case types only where "the BLS in the sound discretion of the BLS Administrative Justice, based principally on the complexity of the case and the need for substantial case management," selects a case for inclusion.[9]

There are mixed models as well, with some mandatory case type categories specifically listed and other types requiring an element of complexity. The Maryland Circuit Court's Business and Technology Case Management Program follows this mixed approach, including certain listed "presumptive" case types within the program's mandatory jurisdiction, while other case types must be judicially determined to present "commercial or technological issues of such a complex or novel nature that specialized treatment is likely to improve the administration of justice."[10] North Carolina's Business Court[11] has a mixed legislative model that includes, among other things, a large amount in controversy provision ($5,000,000) placing certain case types under the mandatory jurisdiction category that would otherwise be subject to an element of judicial discretion, and a category where the parties may consent to jurisdiction if other criteria are met,[12] as well as a relatively seldom used court rule allowing designated judges discretionary authority to assign a case to the Business Court's docket.[13]

The modern creation of specialized Business Courts in the United States began in the early 1990s,[14] and has expanded greatly in the last thirty years.[15] Business courts (which are often business programs or divisions within existing trial level courts) are operating in New York City and 10 other jurisdictions throughout New York State as the New York Supreme Court Commercial Division,[16] Chicago, North Carolina, New Jersey, Philadelphia and Pittsburgh, Pennsylvania, Reno and Las Vegas, Nevada, Massachusetts, Rhode Island, Maryland, Orlando,[17] Miami, Ft. Lauderdale, and Tampa, Florida, Michigan,[18] Cincinatti,[19] Cleveland[20] and Toledo,[21] Ohio, Iowa, Maine, New Hampshire, Metro Atlanta regionally and Georgia Statewide, Delaware's Superior Court and Court of Chancery, Nashville, Tennessee,[22] Wisconsin,[23] Indiana,[24] Arizona, Kentucky,[25] South Carolina,[26] West Virginia,[27] and the Wyoming Chancery Court.[28] This mapshows states having business courts either statewide, in multiple counties or cities, or within a single major city or county, which is accurate through April 2023. In New York, Chicago, Philadelphia, Massachusetts,[29] North Carolina, South Carolina and New Jersey, among other states with business courts, the original programs have expanded by adding judges and/or by expanding into additional cities and counties.[30][31][32]

In 2023, Utah adopted legislation creating a statewide Business and Chancery Court, which will become operational in 2024.[33] On June 9, 2023, Texas' governor signed an Act into law creating a Business Court.[34] The new law became effective in September 2023, but the Business Court will not be open for cases until September 2024 at the earliest.[35] The Hamilton County, Ohio Court of Common Pleas had discontinued its Commercial Docket in 2017, but revived it effective March 1, 2024.[36]

Delaware's Court of Chancery, the pre-eminent court addressing intra-business disputes, has functioned as a business court of limited jurisdiction for a century.[37] However, its traditional equity jurisdiction has evolved and expanded since 2003 to include technology disputes (10 Del. C. § 346), some purely monetary commercial disputes (10 Del. C. § 347), and to expand its role in the alternative dispute resolution of business and commercial disputes. This includes the use of mediation (10 Del. C. § 347), Masters in Chancery to adjudicate matters (10 Del. C. § 350), and agreements to make decisions non-appealable (10 Del. C. § 351).[38]

California,[39][40] Connecticut,[41] Oregon, and Minnesota have created specialized courts or tracks for complex litigation,[42] tying specialization to process and case management rather than legal subject matter, which could include some complex business and commercial disputes among a broader array of subject matter case types. Minnesota General Rule of Practice 146.02 provides an example of the process oriented nature of these specialized tracks. California's complex litigation programs are not statewide, but includes at least the following Superior Courts: Alameda, Contra Costa,[43] Los Angeles,[44] Orange,[45] Riverside,[46] Sacramento,[47] San Francisco,[48] San Mateo,[49] and Santa Clara.[50] There is a sufficient relationship between these specialized complex litigation dockets and business courts that, for example, former Orange County Complex Litigation Program Judge Gail A. Andler is a past president of the American College of Business Court Judges (ACBCJ),[51][52] and a number of California's complex litigation judges, and Minnesota complex litigation Judge Jerome Abrams, have served as Business Court Representatives[53] to the American Bar Association's Section of Business Law. Judge Abrams is also a 2023-2024 Vice President of the ACBCJ.[54]

Other states are in various stages of moving toward or away from business or complex courts, with Colorado having conducted extensive studies nearly two decades ago into the merits and potential parameters of creating a business court on a broad basis, which was not pursued, and later experimenting with a business court, the Civil Access Pilot Project, from 2012-2015; and Orlando, Florida having to move resources away from its Complex Business Litigation program into its family court,[55] though this program was restored in October 2019,[56] New Jersey expanding to a statewide business court track in 2015, after having only two counties with specialized commercial courts for 20 years,[57] and South Carolina's Business Court went from a regional pilot program and is now a permanent statewide program.[58] Milwaukee had a pilot business court program, implemented by the Milwaukee Circuit Court via local rule, that was little used and ended in 2009,[59] but Wisconsin's Supreme Court implemented a broader business court pilot program in 2017, which has expanded to a number of circuit courts and administrative districts throughout the state.[60]

The American College of Business Court Judges was established in 2005.[61] The American Bar Association has played a significant role in the development of business courts.[62] The ABA Business Law Section has also created the Business Court Representative Program to include business and complex litigation judges in its community and educational programming. Since 1996, the Association of Corporate Counsel has similarly endorsed the creation of business courts in the United States where appropriate.[63]

## International Business and Commercial Courts[edit]

Business and Commercial Courts exist internationally as well,[64][65][66] including, for example, Business and Property Courts of England and Wales (encompassing 13 specialized courts or lists),[67] Toronto,[68] Quebec,[69] and Alberta,[70] Canada, Ireland,[71] Scotland,[72] Denmark, Netherlands,[73] Hong Kong, Belgium, Bermuda, Queensland[74] and Victoria, Australia,[75] New Zealand (Commercial Panel),[76] Northern Ireland,[77] Qatar,[78] Dubai,[79] Spain,[80][81][82] France (where the commercial courts are not divisions of other civil courts, but are autonomous[83]), Switzerland,[84][85] Tanzania,[86] Rwanda,[87] Lesotho,[88] South Africa,[89] the British Virgin Islands,[90] St. Lucia,[91] Cayman Islands,[92] India,[93] Japan,[94]Malaysia,[95] Saudi Arabia,[96] and Croatia.[97]

New English language commercial courts have been created in Paris, Frankfurt, the Netherlands,[98][99][100] Stuttgart | Mannheim, Germany,[101] Singapore,[102] and Kazakhstan.[103] This reflects the growth in international commercial courts designed to hear disputes among parties from different nations.[104][105][106] The DIFC Courts in Dubai have had an English language international court for over a decade. Some international commercial courts include foreign judges with commercial court experience on their bench,[107][108][109] for example, former Delaware Vice Chancellor and Supreme Court Justice Carolyn Berger serving on Singapore's International Commercial Court.[110]

The Business and Property Courts of England and Wales encompass 13 different courts or lists, for example, the Commercial Court, the Business List, the Circuit Commercial Court, the Technology and Construction Court, the Insolvency List, and the Intellectual Property Enterprise Court.

In 2023, 40% of Commercial Court cases, within the Business and Property Courts of England and Wales, involved opposing parties from different nations, and 64% involved a mix of UK parties and international parties.[111][112] There is a view that the more recently created commercial courts designed to hear disputes between parties of different nations will compete with the London based commercial courts as the preferred litigation forum for international commercial disputes.[113] In 2017, New York's Commercial Division added a "Large Complex Case List," modeled on the Business and Property Courts' Financial List for high stakes commercial litigation, as part of an overall effort to compete with the London based commercial courts as a preferred forum for international litigation.[114][115][116][117]

The jurisdictional scope of these international commercial courts[118] may have some differences with that of United States business and commercial courts. For example, the Business and Property Courts of England and Wales include specialized courts or lists for admiralty,[119] insolvency,[120] and patents,[121] which in the United States would typically be subject to jurisdiction in federal tribunals, such as the United States Bankruptcy Courts[122] or the United States District Courts, and not in specialized state trial level business courts. The scope of any commercial court's jurisdiction may vary between countries.[123]

The Standing International Forum of Commercial Courts was created in 2016.[124] In its 2023 policy resolution, the Association of Corporate Counsel recognizes and endorses the creation and support of business courts internationally, as well as in the United States.[125]

## Technology Disputes & Cyber Courts[edit]

In the United States and internationally, "[t]he notion of specialized courts to decide technology disputes has a rich history with noteworthy milestones."[126]

Some states have established specialized business and commercial courts that include technology disputes as part of their express jurisdiction.[127] Through legislative effort and court rule, in 2003, Maryland established a Business and Technology Case Management Program. In May 2003, Delaware expanded the Court of Chancery's jurisdiction to include technology disputes, and the mediation of other kinds of business disputes (10 Del. C. §§ 346, 347).[128] West Virginia's Business Court Division Rule 24.09 expressly includes technology issues. The Davidson County, Tennessee Business Court Docket expressly encompasses technology and biotechnology licensing.[129] North Carolina's Business Court jurisdiction expressly includes computer software, information technology and systems, data and data system security, biotechnology and bioscience technology.[130] Under Michigan's statutes, MCL Sec. 600.8031(2)(b), business court jurisdiction includes business or commercial disputes "involving information technology, software, or website development, maintenance, or hosting...."[131] Wyoming Chancery Court Rule 2(b)(17) provides jurisdiction over disputes "concerning a digital asset registered under W.S. § 34‑29‑201 through 34‑29‑209[132]...."[133] New York Commercial Division Rule 202.70(b)(1), addressing that business court's jurisdiction, was amended in February 2024 to expressly include "technology transactions and/or commercial disputes involving or arising out of technology".[134] This amendment is intended to make clear the New York business court's experience in handling technology disputes, especially in light of the fact that "many of the business courts in other states have emphasized their jurisdiction over and experience with adjudicating technology disputes...."[135]

There are also examples of international courts expressly addressing technology disputes as part of their jurisdiction. The Practice Directions (Part XXIV) of Singapore's International Commercial Court include a Technology, Infrastructure, and Construction List.[136] In 2024, the Commercial Court, within Ireland's High Court, was in the process of developing "a specialist sub-list called the Intellectual Property and Technology List with specialist judges from the Commercial Court." The Victoria, Australia Commercial Court expressly includes jurisdiction over "Proceedings relating to technology, engineering and/or construction...."[137]

Some jurisdictions emphasized the idea that newly created business courts would make use of cutting edge technologies in handling business litigation, becoming so-called "cyber courts."[138] For example, North Carolina's Business Court was an early proponent of electronic filing and high-tech courtrooms.[139] New York's Commercial Division created "Courtroom 2000" making various technologies available for use by the courts and parties, while also serving as "a technological laboratory" for later use in all of New York's state courts.[140] The use of technology in case management may be especially apt in international commercial courts, with litigation between parties from different nations.[141]

## Business Courts and Alternative Dispute Resolution[edit]

The significant relationship between business courts and Alternative Dispute Resolution, such as mediation, neutral evaluation,[142] and arbitration, is well recognized, both in seeing business courts as a competitor forum with arbitration, and in using ADR as a complementary adjunct to the litigation process..[143][144][145][146][147] Thus, for example, New York Commercial Division Rule 3 allows for court appointed mediators and neutral evaluators,[148] the enabling order for Philadelphia's Commerce Case Management Program creates an alternative dispute resolution program utilizing Judges Pro Tempore within court mandated settlement conferences, and discretionary referrals to private mediation,[149], North Carolina Business Court Rule 11 addresses mandatory mediation,[150] and Florida's Ninth Judicial Circuit Business Court Procedures, Section 8, requires mandatory ADR for each case, and addresses non-binding arbitration as well as mediation.[151] The Business and Property Courts of England and Wales Commercial Court Guide, Section G, addresses "Negotiated Dispute Resolution" (NDR), including mediation, conciliation, direct negotiations between party representatives, and early neutral evaluation.[152] Some business courts expressly encourage the use of special masters or referees in expediting some types of decision making during the litigation process.[153][154]

The New York Commercial Division and the Metro Atlanta Business Case Division are empowered to hear court-based disputes concerning international arbitration proceedings.[155][156]

## References[edit]

1. ^ Mitchell L. Bach & Lee Applebaum. "A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004)" (PDF).
2. ^ "Range of Commercial Court disputes". Courts and Tribunals Judiciary. Retrieved 2024-05-02.
3. ^ "The Business and Property Courts". GOV.UK. Retrieved 2024-05-02.
4. ^ Asian Bank. "Commercial Courts: Exploring Key Models (2022)" (PDF).
5. ^ Mitchell L. Bach & Lee Applebaum. "A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004)" (PDF).
6. ^ "Georgia State-wide Business Court, History".
7. ^ "Mitchell L. Bach & Lee Applebaum, A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004)" (PDF).
8. ^ "New York Commercial Division Rule 202.70(a)" (PDF).
9. ^ "Superior Court Administrative Directive No. 24.1 (April 5, 2024)".
10. ^ "Maryland Court Rule 16-308(c)".
11. ^ "Business Court | North Carolina Judicial Branch". www.nccourts.gov. Retrieved 2024-05-02.
12. ^ "NCGS § 7A‑45.4". www.ncleg.net. Retrieved 2024-05-02.
13. ^ "Rule 2.1 of the General Rules of Practice for the Superior and District Courts" (PDF).
14. ^ Mitchell L. Bach & Lee Applebaum, A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004).
15. ^ Lee Applebaum, "The Steady Growth of Business Courts, National Center for State Courts, Future Trends in State Courts (2011).
16. ^ "Commercial Division - NY Supreme Court - Home". www.nycourts.gov. Retrieved 2019-02-28.
17. ^ "Ninth CIrcuit Business Court".
18. ^ "Michigan Business Courts: Local and National Lessons – Business Courts Blog". 17 January 2019. Retrieved 2019-03-03.
19. ^ "Court of Common Pleas of Hamilton County Ohio, Local Rule 48" (PDF).
20. ^ "Cuyahoga County Commercial Docket".
21. ^ "Lucas County, Ohio Court of Common Pleas Rule 5.08".
22. ^ "Tennessee's Business Court as a Model for Creating New Business Courts – Business Courts Blog". 12 February 2019. Retrieved 2019-03-03.
23. ^ "Wisconsin Commercial Docket Pilot Project".
24. ^ "Indiana's Supreme Court Makes Commercial Courts Permanent, and Establishes a Standing Commercial Court Committee – Business Courts Blog". 23 May 2019. Retrieved 2019-05-29.
25. ^ Kentucky Court of Justice. "Business Court Docket in Jefferson County (Louisville)".
26. ^ "South Carolina Business Court".
27. ^ "West Virginia Business Case Division".
28. ^ "Wyoming Chancery Court".
29. ^ "Boston Business Litigation Session's Evolution from Local to Regional to Statewide Business Court – Business Courts Blog". 11 February 2019. Retrieved 2019-03-17.
30. ^ Mitchell L. Bach & Lee Applebaum, A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004).
31. ^ The ABA Section of Business Law's Committee on Business and Corporate Litigation annually publishes Recent Developments in Business and Corporate Litigation. Since 2004, this book has included a chapter on business courts, which describes changes and developments in business courts since that time to the present.
32. ^ "Administrative Order 2017-02-08-02, In Re: Amended Business Court Pilot Program, Supreme Court of South Carolina". Retrieved 2019-03-04.
33. ^ "Utah House Bill 216".
34. ^ Francis, Bob (June 14, 2023). "Business court system has support but could face challenges".
35. ^ "Texas HB19 | 2023-2024 | 88th Legislature". LegiScan. Retrieved 2023-06-16.
36. ^ "Court of Common Pleas Hamilton County Local Rule 48" (PDF).
37. ^ "New Jersey Complex Business Litigation Program's New Rules, Guidelines, and Model Forms – Business Courts Blog". 26 February 2019. Retrieved 2019-03-03.
38. ^ Title 10, Delaware Code, Courts and Judicial Procedures
39. ^ Paula L. Hannaford-Agor, Nicole L. Mott & Timothy F. Fautsko. "EVALUATION OF THE CENTERS FOR COMPLEX CIVIL LITIGATION PILOT PROGRAM, Final Report, National Center for State Courts and California Administrative Office of the Courts (June 30, 2003)" (PDF).
40. ^ National Center for State Courts. "Complex Litigation: Key Findings from the California Pilot Program, Civil Action Vol. 3 Issue 1 (Winter 2004)".
41. ^ Connecticut, Special Sessions of the Superior Court. "Complex Litigation Docket".
42. ^ Hannaford-Agor, Paula L. "Focus on Business and Complex Litigation Courts, Civil Action Vol. 1 Issue 1 (National Center for State Courts Aug. 2000)". ncsc.contentdm.oclc.org. Retrieved 2024-05-04.
43. ^ Superior Court of California, Contra Costa County. "Complex Litigation".
44. ^ Superior Court of California, County of Los Angeles. "Complex Civil Litigation Program".
45. ^ Superior Court of California, County of Orange. "Complex Civil".
46. ^ Superior Court of California, County of Riverside. "Complex Litigation Department" (PDF).
47. ^ Superior Court of California, County of Sacramento. "Complex Civil Cases".
48. ^ Superior Court of California, County of San Francisco. "Complex Civil Litigation".
49. ^ Superior Court of California, County of San Mateo. "Complex Civil Litigation".
50. ^ Superior Court of California, County of Santa Clara. "Complex Civil Litigation".
51. ^ "American College of Business Court Judges – Law & Economics Center". masonlec.org. Retrieved 2024-05-04.
52. ^ "New Ideas in Civil Case Management from Two California Complex Litigation Program Judges – Business Courts Blog". 2023-06-27. Retrieved 2024-05-04.
53. ^ "American Bar Association Business Law Section, Business Court Representatives".
54. ^ "American College of Business Court Judges – Law & Economics Center". masonlec.org. Retrieved 2024-05-04.
55. ^ Lotan, Gal Tziperman (26 October 2017). "Orange-Osceola courts will close business division to bolster family court". OrlandoSentinel.com. Retrieved 2019-02-28.
56. ^ "Florida's Ninth Judicial Circuit Business Court to Reopen on October 21, 2019 – Business Courts Blog". 15 October 2019. Retrieved 2020-01-25.
57. ^ "New Jersey Complex Business Litigation Program's New Rules, Guidelines, and Model Forms – Business Courts Blog". 26 February 2019. Retrieved 2019-02-28.
58. ^ "South Carolina's "Business Court Pilot Program" becomes the "Business Court Program" – Business Courts Blog". 5 February 2019. Retrieved 2019-02-28.
59. ^ "In re Creation of a Pilot Program for Dedicated Circuit Court Judicial Dockets for Large Claim Business and Commercial Cases" (PDF).
60. ^ "Wisconsin Court System - For attorneys - Commercial Docket Pilot Project". www.wicourts.gov. Retrieved 2024-05-03.
61. ^ "American College of Business Court Judges".
62. ^ Yates, Hon. Christopher P. "The ABA's Contribution to the Development of Business Courts in the United States, 75 Business Lawyer 2077 (2020)" (PDF).
63. ^ Association of Corporate Counsel. "Business Courts" (PDF).
64. ^ Asian Development Bank. "Commercial Courts: Exploring Key Models (2022)" (PDF).
65. ^ "Lee Applebaum and Cory Manning, Specialized Business and Commercial Courts Around the Globe: A Summary World View, American Bar Association (Spring 2009)" (PDF).
66. ^ Ralph Peeple and Hanne Nyheim. "Beyond the Borders: An International Perspective on Business Courts, Business Law Today, Vol. 17, No. 4 (March/April 2008)" (PDF).
67. ^ "The Business and Property Courts - GOV.UK". www.gov.uk. Retrieved 2019-02-28.
68. ^ "Commercial List | Superior Court of Justice". Retrieved 2019-03-03.
69. ^ "Superior Court of Québec -- Commercial Division – General Rules". www.tribunaux.qc.ca. Retrieved 2019-03-03.
70. ^ "Commercial List".
71. ^ "Commercial Court".
72. ^ "Commercial Actions". www.scotcourts.gov.uk. Retrieved 2019-03-03.
73. ^ Kroeze, Martin (March 30, 2007). "The Dutch Companies and Business Court as a Specialized Court".
74. ^ "Supreme Court of Queensland, Practice Direction No 1 of 2023, Commercial List" (PDF).
75. ^ Supreme Court of Victoria. "Commercial Court".
76. ^ "How cases are heard". Courts of New Zealand. Retrieved 2024-05-03.
77. ^ Northern Ireland (29 November 2017). "Commercial Lists".
78. ^ Qatar. "International Court and Dispute Resolution Center".
79. ^ UK-UAE Trade ties strengthened through memorandum between Commercial Courts (24/01/2013)
80. ^ "Lee Applebaum and Cory Manning, Specialized Business and Commercial Courts Around the Globe: A Summary World View, American Bar Association (Spring 2009)" (PDF).
81. ^ "European e-Justice Portal - National specialised courts". e-justice.europa.eu. Retrieved 2024-05-03.
82. ^ "Spain sets up new commercial courts for IP matters". www.worldtrademarkreview.com. Retrieved 2024-05-03.
83. ^ Asian Development Bank. "Commercial Courts: Exploring Key Models (2022)" (PDF).
84. ^ "SWITZERLAND: An Introduction to Litigation Law | Chambers and Partners". chambers.com. Retrieved 2024-05-03.
85. ^ "Introduction of international commercial courts in Switzerland". www.ibanet.org. Retrieved 2024-04-29.
86. ^ "High Court Commercial Division - TanzLII". tanzlii.org. Retrieved 2024-04-27.
87. ^ "Case study on Building specialized commercial courts in Rwanda". World Bank. Retrieved 2024-05-02.
88. ^ "Commercial Division - 2024 - LesLII". lesotholii.org. Retrieved 2024-05-02.
89. ^ "Revised Commercial Court Practice Directive". 2022-06-03. Retrieved 2024-05-02.
90. ^ "Eastern Caribbean Supreme Court Civil Procedure Rules, Parts 69 and 70 Commercial Division Rules (Territory of the Virgin Islands)" (PDF).
91. ^ "Eastern Caribbean Supreme Court Rules of Civil Procedure, Part 71 (Commercial Division of St. Lucia)" (PDF).
92. ^ "Financial Services Division – Cayman Islands Judicial & Legal Website | An official website of the Cayman Islands Government". Retrieved 2024-05-03.
93. ^ "Simplifying The Commercial Courts Act, 2015 - Contracts and Commercial Law - India". www.mondaq.com. Retrieved 2024-04-29.
94. ^ "Japan's 1st 'Business Court' launched in Tokyo in bid to accrue knowledge". Mainichi Daily News. 2022-10-11. Retrieved 2024-04-25.
95. ^ "Commercial Division, State of Kuala Lumpur".
96. ^ Albaheth, Hamza E. "The new Saudi Commercial Courts and Their Jurisdiction over Different Commercial Disputes: Do These new Courts have the Jurisdiction over all Traders' Disputes?, International Journal of Innovation, Creativity, and Change, Vol. 8, Issue 2 (2019)" (PDF).
97. ^ "European e-Justice Portal - National specialised courts". e-justice.europa.eu. Retrieved 2024-05-02.
98. ^ Ruehl, Giesela (2018-06-05). "Doors open for First Hearing of International Chamber at Paris Court of Appeal". Conflict of Laws. Retrieved 2019-02-28.
99. ^ "Chamber for International Commercial Disputes". Ordentliche Gerichtsbarkeit Hessen (in German). 2018-08-01. Retrieved 2019-02-28.
100. ^ "Netherlands Commercial Court". Netherlands Commercial Court. Retrieved 2019-02-28.
101. ^ "Commercial Court Stuttgart | Mannheim".
102. ^ Singapore. "Singapore International Commercial Court".
103. ^ Kazakhstan. "Astana International Financial Centre Court".
104. ^ Gu, Weixia; Tam, Jacky (2022-04-04), The Global Rise of International Commercial Courts: Typology and Power Dynamics (SSRN Scholarly Paper), Rochester, NY, SSRN 4074819, retrieved 2024-04-25`{{citation}}`: CS1 maint: location missing publisher (link)
105. ^ "Brexit: Europe sees emergence of specialist commercial courts to compete with the UK". www.ibanet.org. Retrieved 2024-04-25.
106. ^ Shahar Avraham-Giller & Rabeea Assy. "How Can International Commercial Courts Become an Attractive Option for the Resolution of International Commercial Disputes?, Journal of Dispute Resolution Vol. 2023, Issue 2, Article 6".
107. ^ Yip Man & Giesela Rühl. "Success and Impact of International Commercial Courts: A First Assessment, Yearbook of Private International Law, Yong Pung How School of Law (posted Dec. 20, 2023)". SSRN 4652802.
108. ^ "Former U.S. and Australian Judges Appointed to Singapore International Commercial Court – Business Courts Blog". 2024-01-12. Retrieved 2024-05-01.
109. ^ Dubai, TenTwenty | Webdesign, Webshops & E.-marketing |. "DIFC Courts | Judges". DIFC Courts. Retrieved 2024-05-02.`{{cite web}}`: CS1 maint: multiple names: authors list (link)
110. ^ "PMO Press Release: Appointments/reappointments to the Singapore International Commercial Court". Default. Retrieved 2024-05-02.
111. ^ Ministry of Justice. "The Business and Property Courts of England and Wales, Cases Issued by List (Powerpoint 2024)" (PDF).
112. ^ "Range of Commercial Court disputes". Courts and Tribunals Judiciary. Retrieved 2024-05-02.
113. ^ Bookman, Pamela K. (2021-05-18). "The London Commercial Court in global context". Portland. Retrieved 2024-04-29.
114. ^ "Commercial Division Advisory Council's Subcommittee on Procedural Rules to Promote Efficient Case Resolution: Proposal for a "Large Complex Case List" for Complex, High Stakes Matters in the Commercial Division (March 3, 2017)" (PDF).
115. ^ Hon. Deborah a. Kaplan. "Administrative Order (July 31, 2018)" (PDF).
116. ^ Hon. Barry R. Ostrager (7 May 2020). "New York's Commercial Division: The Premier Forum for the Resolution of International Business Disputes, NYSBA Journal (May 7, 2020)".
117. ^ "International Commercial Litigation In New York - Contracts and Commercial Law - United States". www.mondaq.com. Retrieved 2024-05-02.
118. ^ Asian Development Bank. "Commercial Courts: Exploring Key Models (2022)" (PDF).
119. ^ "Admiralty Court". GOV.UK. Retrieved 2024-04-29.
120. ^ "Insolvency List". GOV.UK. Retrieved 2024-04-29.
121. ^ "Patents Court". GOV.UK. Retrieved 2024-04-29.
122. ^ Ronald S. Gellert. "The Untold Story of the Bankruptcy Courts: A Positive Resource for Business, Business Law Today, Vol. 17, No. 4 (March/April 2008)" (PDF).
123. ^ Asian Bank. "Commercial Courts: Exploring Key Models (2022)" (PDF).
124. ^ Standing International Forum of Commercial Courts. "About Us".
125. ^ Campbell, Brian (2024-04-05). "ACC's Evolving Commercial Courts Leadership". ACC Docket. Retrieved 2024-04-28.
126. ^ Lawrence M. Sung. "Strangers in a Strange Land: Specialized courts resolving patent disputes, Business Law Today, Vol. 17, No. 4 (March/April 2008)" (PDF).
127. ^ Jacob A. Sommer, Business Litigation and Cyberspace: Will Cyber Courts Prove and Effective Tool for Luring High-Tech Business Into Forum States, 56 Vanderbilt Law Review 561 (2003)
128. ^ Title 10, Delaware Code, Courts and Judicial Procedures
129. ^ "Tennessee Business Court Docket Guidelines Phase 2" (PDF). Archived (PDF) from the original on 2020-01-25.
130. ^ "N.C.G.S. § 7A‑45.4. Designation of complex business cases".
131. ^ "MCL - Section 600.8031 - Michigan Legislature". legislature.mi.gov. Retrieved 2024-04-28.
132. ^ Kurtin, Kurtin PLLC-Owen D. (2022-01-18). "Wyoming's Digital Assets Law and How to Use it". Lexology. Retrieved 2024-05-03.
133. ^ "Wyoming Rules of Civil Procedure for the Chancery Court" (PDF).
134. ^ "Administrative Order of the Chief Administrative Judge of the Courts (New York)" (PDF). February 14, 2024.
135. ^ "Memorandum regarding Request for Public Comment on Amending 22 NYCRR § 202.70(b)(1) to Add a Reference to Technology in the Description of Commercial Cases" (PDF). October 5, 2023.
136. ^ "Singapore Internataional Commercial Court Practice Directions (Part XXIV)" (PDF).
137. ^ "Commercial Court". The Supreme Court of Victoria. Retrieved 2024-04-28.
138. ^ Sommer, Jacob (2003-03-01). "Business Litigation and Cyberspace: Will Cyber Courts Prove an Effective Tool for Luring High-Tech Business into Forum States?". Vanderbilt Law Review. 56 (2): 561.
139. ^ Hon. Ben F. Tennille and Corrine B. Jones. "Developments and the North Carolina Business Court, Future Trends in State Courts 90 (National Center for State Courts 2010)".
140. ^ "Courtroom for the New Millennium | NYCOURTS.GOV". ww2.nycourts.gov. Retrieved 2024-04-29.
141. ^ Ortolani, Pietro (2022), Dimitropoulos, Georgios; Brekoulakis, Stavros (eds.), "The Use of Technology at International Commercial Courts", International Commercial Courts: The Future of Transnational Adjudication, Studies on International Courts and Tribunals, Cambridge: Cambridge University Press, pp. 335–360, ISBN 978-1-316-51925-7, retrieved 2024-04-29
142. ^ "Early Neutral Evaluation (ENE) | United States District Court, Northern District of California". Retrieved 2024-04-30.
143. ^ "ADR Rules in Business Courts – Business Courts Blog". 2023-05-22. Retrieved 2024-04-30.
144. ^ Tennille, Bejamin; Applebaum, Lee; Nees, Anne (2012-02-23). "Getting to Yes in Specialized Courts: The Unique Role of ADR in Business Court Cases". Pepperdine Dispute Resolution Law Journal. 11 (1). ISSN 1536-3090.
145. ^ Christopher R. Drahozal, Business Courts and the Future of Arbitration, 10 Cardozo Journal of Conflict Resolution 491 (2009)
146. ^ Hon. John C. Foster, Richard L. Hurford & Douglas L. Toering. "Business Courts, Arbitration, and Pre-Suit Mediation: A Modest Proposal for the Strategic Resolution of Business Disputes, Michigan Business Law Journal 21, Vol. 34, Issue 3 (Fall 2015)" (PDF).
147. ^ Antonopoulou, Georgia. "The 'Arbitralization' of Courts: The Role of International Commercial Arbitration in the Establishment and the Procedural Design of International Commercial Courts, Journal of International Dispute Settlement, Volume 14, Issue 3, September 2023, Pages 328–349". academic.oup.com. Retrieved 2024-05-02.
148. ^ "PART 202. Uniform Civil Rules For The Supreme Court & The County Court | NYCOURTS.GOV". ww2.nycourts.gov. Retrieved 2024-04-30.
149. ^ "IN THE COURT COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION – CIVIL Administrative Docket No. 01 of 2016 In re: Commerce Case Management Program - Revised" (PDF).
150. ^ "North Carolina Business Court Rule 11" (PDF).
151. ^ "Florida Ninth Judicial Circuit Business Court Procedures" (PDF).
152. ^ "The Business and Property Courts of England and Wales, Commercial Courts Guide (11th ed. Revised 2023)" (PDF).
153. ^ "Kentucky Business Court Rule 5.1, Special Master or Discovery Referee" (PDF).
154. ^ "Administrative Order of the Chief Administrative Judge of the Courts (New York)" (PDF). February 14, 2024.
155. ^ "New Justice Assigned to Hear Commercial Division's International Arbitration Matters". JD Supra. Retrieved 2024-05-01.
156. ^ "Article on the Development of International Commercial Courts – Business Courts Blog". 2019-06-05. Retrieved 2024-05-01.

* Mitchell L. Bach & Lee Applebaum, A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004).
* Lee Applebaum, Mitchell Bach, Eric Milby and Richard L. Renck, Through the Decades: The Development of Business Courts in the United States of America, 75 Business Lawyer 2053 (2020).
* Hon. Benjamin F. Tennille, Lee Applebaum & Prof. Anne Tucker Nees, Getting to Yes in Specialized Business Courts: The Unique Role of ADR in Business Court Cases, 11 Pepperdine Dispute Resolution Law Journal 35 (2010)
* John F. Coyle, Business Courts and Interstate Competition, 53 William & Mary Law Review 1915 (2012).
* Rochelle C. Dreyfuss, Forums of the Future: The Role of Specialized Courts in Resolving Business Disputes, 61 Brooklyn Law Review 1 (1995).
* Anne Tucker Nees, Making a Case for Business Courts: A Survey of and Proposed Framework to Evaluate Business Courts, 24 Georgia State University Law Review 477 (2007).
* Alvin Stauber, Commercial Courts: A Twenty First Century Necessity?, Judicial Studies Institute Journal 154 (2007).
* David Williams, "Technology Boom Prompts Calls for Specialized Courts". (October 2000).

## External links[edit]

* Business Court Resources, University of Maryland School of Law
* Best of the Best Civil Justice Resources, Business/Commercial Courts, National Center for State Courts
* Business Courts Blog (2018-present)