The Association of Corporate Counsel’s Statement on Business Courts, and Conference of Chief Justices Resolution on Business Courts

The Association of Corporate Counsel (ACC) is an organization of in-house counsel, with over 40,000 members from 85 different countries.

In 2009, the ACC updated its 1996 statement on Business Courts with this revised statement on Business Courts. It reaffirmed the ACC’s support for establishing state business courts.

This is reminiscent of the 2007 resolution of the Conference of Chief Justices, concluding:

“NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices encourages states to study, and, where appropriate, establish business courts or their equivalents for the effective management of complex corporate, commercial and business cases.”

The 2009 ACC statement, as well as the CCJ’s Resolution, remains pertinent. As the ACC observed, among other things, “[b]usiness courts can effectively utilize the following types of features to facilitate dispute resolution:”

  1. Advanced case management techniques, including close judicial oversight of each stage of litigation and case tracking by type and complexity.
  2. State of the art technology.
  3. Court-annexed alternative dispute resolution to encourage early case settlement.
  4. Cooperation among counsel and with the court in achieving a cost-effective resolution of the dispute.