|
The modern creation of specialized Business Courts in the United States, sometimes referred to as Commercial Courts, began in the early 1990s,〔Mitchell L. Bach & Lee Applebaum, (''A History of the Creation and Jurisdiction of Business Courts in the Last Decade'' ), 60 Business Lawyer 147 (2004).〕 and has expanded greatly in the last ten years.〔Lee Applebaum, ("The Steady Growth of Business Courts, National Center for State Courts, Future Trends in State Courts (2011). )〕 Business courts (or more accurately business programs or divisions within existing trial level courts) have been established and are operating in New York, Chicago, North Carolina, New Jersey, Philadelphia and Pittsburgh, Pennsylvania, Reno and Las Vegas, Nevada, Massachusetts, Rhode Island, Maryland, Orlando, Miami, Ft. Lauderdale, and Tampa, Florida, Pittsburgh, Pennsylvania, Michigan, Cleveland, Toledo, and Cincinnati, Ohio, Iowa, Jefferson County, Alabama, Maine, New Hampshire, Atlanta and Gwinnett County, Georgia, Colorado's 4th Judicial District, Delaware's Superior Court, and South Carolina.〔Lee Applebaum, ("The Steady Growth of Business Courts, National Center for State Courts, Future Trends in State Courts (2011). )〕〔ABA Section of Business Law's Committee on Business and Corporate Litigation, Chapter 5, Annual Developments in Business and Corporate Litigation (2004 - 2013) (listing yearly developments in business courts).〕 In New York, Chicago, Philadelphia, Massachusetts, North Carolina, and New Jersey, the original business programs have been expanded by adding additional judges and/or by expanding into additional counties.〔Mitchell L. Bach & Lee Applebaum, A History of the Creation and Jurisdiction of Business Courts in the Last Decade, 60 Business Lawyer 147 (2004).〕〔ABA Section of Business Law's Committee on Business and Corporate Litigation, Chapter 5, Annual Developments in Business and Corporate Litigation (2004 - 2013) (listing yearly developments in business courts).〕 Delaware's Court of Chancery, the nation's pre-eminent court addressing intra-business disputes, has functioned as a business court of limited jurisdiction for a century. 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), arbitration (10 Del. C. § 349), Masters in Chancery to adjudicate matters (10 Del. C. § 350), and agreements to make decisions non-appealable (10 Del. C. § 351).〔(Title 10, Delaware Code, Courts and Judicial Procedures )〕 The significant relationship between business courts and ADR is well recognized.〔Benjamin F. Tennille, Lee Applebaum and Anne Tucker Nees, ("Getting to Yes in Specialized Courts: The Unique Role of ADR in Business Court Cases, Pepperdine Dispute Resolution Law Journal (2010) )〕〔Christopher R. Drahozal, Business Courts and the Future of Arbitration, 10 Cardozo Journal of Conflict Resolution 491 (2009)〕 Business and Commercial Courts exist internationally as well, including, for example, the United Kingdom, Toronto, Canada, Ireland, Scotland, Copenhagen, Denmark, Hong Kong, Belgium, Bermuda, New South Wales and Victoria Australia, Northern Ireland, Qatar, Dubai,〔Judiciary of England and Wales, Judicial Office New Release, (UK-UAE Trade ties strengthened through memorandum between Commercial Courts (24/01/2013) )〕 Spain, France, Switzerland, Tanzania, Rwanda, Lesotho, the British Virgin Islands, and Malaysia.〔Ralph Peeples and Hanna Nyheim,("Beyond the Border: An International Perspective on Business Courts, Business Law Today (March/April 2008). )〕〔Lee Applebaum and Cory Manning, ("Specialized Business and Commercial Courts Around the Globe: A Summary World View, American Bar Association (Spring 2009). )〕 The American College of Business Court Judges was established in 2005.〔American College of Business Court Judges, (George Mason School of Law, Law and Economics Center. )〕 ==Business Court Jurisdiction, Technology Disputes & Cyber Courts, and Complex Litigation Courts== Business Courts are trial courts that hear business disputes primarily or exclusively. In the United States, these courts have been established in approximately twenty 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. In all cases, the jurisdiction of the court to hear certain cases is limited to disputes that are in some way related to "business" 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. There are courts with mixed models as well.〔 * Mitchell L. Bach & Lee Applebaum, (''A History of the Creation and Jurisdiction of Business Courts in the Last Decade'' ), 60 Business Lawyer 147 (2004).〕 In New York, for example, the Commercial Division may hear cases (1) alleging breach of contract, (2) arising under the state's business corporation law, (3) arising under the state's partnership law, (4) relating to commercial loans, negotiable instruments, letters of credit, and bank transactions, or (5) involving business torts. The Commercial Division may not, by comparison, hear cases involving (1) landlord/tenant disputes, (2) commercial foreclosures, (3) products liability claims, or (4) claims alleging discrimination except when part of or under the terms of a contract.〔Section 202.70, Rules of the Commercial Division of the Supreme Court of New York ()〕 Some states have established specialized courts that include technology disputes as part of their express jurisdiction.〔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)〕 Through legislative effort and court rule, 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).〔(Title 10, Delaware Code, Courts and Judicial Procedures )〕 California, Connecticut, Phoenix, Arizona,〔Mitchell L. Bach & Lee Applebaum, (''A History of the Creation and Jurisdiction of Business Courts in the Last Decade'' ), 60 Business Lawyer 147 (2004).〕 (Oregon ), and (Minnesota ) have created specialized courts or tracks for complex litigation that would include some business disputes within a broader jurisdiction of complex matters. Other states are in various stages of moving toward or away from business or complex courts, with Colorado having conducted extensive studies over a decade ago into the merits and potential parameters of creating a business court on a broad basis, which was not pursued; and New Jersey considering state wide business court legislation over a period of years. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Business courts」の詳細全文を読む スポンサード リンク
|