JUDGES AND COURT SPECIALIZATION IN COMMERCIAL MATTERS-HOW IT CONTRIBUTES TO EFFICENCY OF COURTS AND QUALITY OF DECISIONS

Abstract

Author analyzes comparative experience in court specialization as it is commonly recommended as an important justice reform initiative to improve efficiency and quality of the system. The comparative experience and practice do not show clear link between specialization and successful judicial systems. Studies have shown that specialization can be helpful in improving efficiency in more complex cases that require special expertize, such as in bankruptcy, intellectual property rights or business cases. The studies also pointed some challenges. Allocation of additional resources for handling business cases can lead to the perception that a court provides preferential services to the business community, or special courts have been created when the case load did not actually justify the additional investment. In addition, judges who work on only one type of case may develop narrow expertise that may limit their focus. Author provides overview of the comparative practices related to the specialized commercial courts and variations in specialization models.