Article: The Association of Corporate Counsel’s Policy Resolution on Business Courts

The Association of Corporate Counsel (“ACC”) recently published an article entitled, “ACC’s Evolving Commercial Courts Leadership,” which discusses the organization’s policy resolution in support of business courts. The entire article can be found here.

The following excerpt from the article offers a helpful, high-level overview of the ACC’s policy statement:

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ACC’s board of directors delivered a vital advocacy tool to the global membership when it endorsed the revision of ACC’s longstanding Business Courts policy resolution on October 16, 2023. This action is the most recent chapter in ACC’s 28 year history of supporting the creation and implementation of business courts and provides guidance to ACC chapters and members seeking to advocate for the development of business courts in their jurisdiction. ACC gratefully acknowledges the substantial contributions of Robert L. Haig to ACC’s advocacy for business courts beginning in 1996 and continuing until the present time.

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ACC begins its Commercial Courts resolution by “urg[ing] national judiciaries to consider wherever appropriate the advantages of specialized procedures for resolution of business disputes” and noting “that an effective way to realize such advantages is for all national judiciaries to create commercial courts or specialized court divisions dedicated to business litigation.” In its policy statement, ACC explains why “[c]ountries should have public state court systems that can resolve commercial disputes efficiently” and discusses the benefits and advantages of business courts.

For example, ACC notes that “[c]ommercial courts result in more cost-effective and timely case processing and an improvement in the quality of dispositions.” ACC acknowledges that “[t]he legal issues in commercial litigation are often complex” and that “[e]fficient resolution of these disputes requires the expertise of judges experienced in these areas and skilled at handling these cases.” ACC’s policy statement concludes that commercial courts “therefore foster a more favorable environment for creating and maintaining businesses, and as a result enhance the economic well-being of their nation.”

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Founded in 1982, the ACC now consists of more than 47,000 in-house counsel members employed by over 10,000 organizations across more than 105 countries. More information about the ACC can be found on its website.

Posted by Doug Toering and Matt Rose