Commercial courts settle trade disputes and are established in many developed nations, including France, Germany, Austria, Belgium, England, New Zealand, and some US states and Canadian provinces. Some are separate from existing courts and use honorary judges with business experience, while others are divisions of existing courts with judges who rotate between different areas of law. The Commercial Court of England is a subdivision of the Queen’s Bench Division and deals with matters relating to international trade, commodities, trade disputes, insurance, and the functioning of markets and trade. The primary goal of all commercial courts is to resolve disputes quickly and attract new business to jurisdictions.
A commercial court deals with settling disputes in various aspects of trade. Many of the developed nations of the world have set up commercial courts. Jurisdictions with commercial courts include France, Germany, Austria, Belgium, England, New Zealand and many US states, as well as some provinces in Canada. Some commercial courts are established separately from existing courts dealing with other civil and criminal legal matters. Many of these commercial courts use honorary judges with experience in business.
Some commercial courts are not separate from existing courts, but are simply divisions of them. The handful of judges in such commercial courts are experts and have expertise in commercial matters. Familiar in other areas of law, judges of such commercial courts not only deal with commercial matters but are also rotated within different areas of law in existing courts.
In England, the Commercial Court is part of the High Court of Justice, the main civil court in the country. The High Court of Justice has three basic divisions: the Queen’s Bench Division, the Chancery Division and the Family Division. The Queen’s Bench Division handles a wide range of personal injury and contract law cases. The Chancery Division deals with matters relating to mortgages, land, trusts, estates, intellectual property and bankruptcy, and the Family Division deals with matters such as medical care, probate, divorce and children.
The Commercial Court of England is a subdivision of the Queen’s Bench Division. The operation of the commercial court is subject to the rules of civil procedure, which apply to civil cases in England. There is a particular emphasis in the commercial court on dealing with matters relating to international trade, commodities, trade disputes, insurance, and the functioning of markets and trade.
Commercial law is dealt with in large numbers by the Commercial Tribunal, while more complex cases are dealt with by the Queen’s Court Division of the Court of Justice. The Stationery Division also deals with commercial matters. In addition to the Court of Commerce, there is also a specially constituted Court of Companies. This is to allow for speedy resolution of commercial disputes by a body that has experience in the commercial enterprise.
Regardless of their differences, the primary goal of all commercial courts is to resolve commercial disputes as effectively and quickly as possible. Where commercial courts exist, there is a marked increase in disposition rates and a significant reduction in disposition times. Commercial courts also help attract new business to jurisdictions by creating a judicial infrastructure.
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