Business and Commercial Courts

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Business Courts, sometimes referred to as Commercial Courts, are trial courts that primarily or exclusively adjudicate internal business disputes and/or commercial litigation between businesses, heard before specialist judges assigned to these courts. [1] [2] Commercial Courts outside the United States may have broader or narrower jurisdiction than state trial level business and commercial courts within the United States, for example patent or admiralty jurisdiction; [3] and jurisdiction may vary between countries. [4]

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Business and Commercial Courts in the United States

Business Courts in the United States have been established in approximately twenty-five 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 state supreme court or trial court level. [5] Georgia created a statewide business court by constitutional amendment. [6]

In virtually all cases, the jurisdiction of the court to hear certain cases is limited to disputes that are in some way related to "business" or commercial 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. [7]

In New York, for example, the trial level Supreme Court Commercial Division, following the case type and jurisdictional amount in controversy model, has jurisdiction over 12 listed case categories, such as breach of contract or Uniform Commercial Code claims, corporate internal affairs disputes, partnership law disputes, banking transaction matters, business torts, shareholder derivative actions, commercial class actions, and environmental or commercial insurance coverage disputes. By further rule, the Commercial Division expressly cannot hear a defined list of seven different categories of case types. Commercial Division Rule 202.70(a) sets out jurisdictional monetary thesholds, ranging from $50,000 in some counties to $500,000 in the Manhattan Commercial Division. [8] The Massachusetts Superior Court's Business Litigation Session (BLS) includes a jurisdictional list of case types, but instead of focusing on monetary thresholds as a gatekeeping mechanism, its governing directive provides for inclusion of listed case types only where "the BLS in the sound discretion of the BLS Administrative Justice, based principally on the complexity of the case and the need for substantial case management," selects a case for inclusion. [9]

There are mixed models as well, with some mandatory case type categories specifically listed and other types requiring an element of complexity. The Maryland Circuit Court's Business and Technology Case Management Program follows this mixed approach, including certain listed "presumptive" case types within the program's mandatory jurisdiction, while other case types must be judicially determined to present "commercial or technological issues of such a complex or novel nature that specialized treatment is likely to improve the administration of justice." [10] North Carolina's Business Court [11] has a mixed legislative model that includes, among other things, a large amount in controversy provision ($5,000,000) placing certain case types under the mandatory jurisdiction category that would otherwise be subject to an element of judicial discretion, and a category where the parties may consent to jurisdiction if other criteria are met, [12] as well as a relatively seldom used court rule allowing designated judges discretionary authority to assign a case to the Business Court's docket. [13]

The modern creation of specialized Business Courts in the United States began in the early 1990s, [14] and has expanded greatly in the last thirty years. [15] Business courts (which are often business programs or divisions within existing trial level courts) are operating in New York City and 10 other jurisdictions throughout New York State as the New York Supreme Court Commercial Division, [16] Chicago, North Carolina, New Jersey, Philadelphia and Pittsburgh, Pennsylvania, Reno and Las Vegas, Nevada, Massachusetts, Rhode Island, Maryland, Orlando, [17] Miami, Ft. Lauderdale, and Tampa, Florida, Michigan, [18] Cincinnati, [19] Cleveland [20] and Toledo, [21] Ohio, Iowa, Maine, New Hampshire, Metro Atlanta regionally and Georgia Statewide, Delaware's Superior Court and Court of Chancery, Nashville, Tennessee, [22] Wisconsin, [23] Indiana, [24] Arizona, Kentucky, [25] South Carolina, [26] West Virginia, [27] and the Wyoming Chancery Court. [28] This map shows states having business courts either statewide, in multiple counties or cities, or within a single major city or county, which is accurate through April 2023. In New York, Chicago, Philadelphia, Massachusetts, [29] North Carolina, South Carolina, [30] and New Jersey, [31] among other states with business courts, the original programs have expanded by adding judges and/or by expanding into additional cities and counties. [32] [33]

In 2023, Utah adopted legislation creating a statewide Business and Chancery Court, which will become operational in 2024. [34] On June 9, 2023, Texas' governor signed an Act into law creating a Business Court. [35] The new law became effective in September 2023, but the Business Court will not be open for cases until September 2024 at the earliest. [36] The Hamilton County, Ohio Court of Common Pleas had discontinued its Commercial Docket in 2017, but revived it effective March 1, 2024. [37]

Delaware's Court of Chancery, the pre-eminent court addressing intra-business disputes, has functioned as a business court of limited jurisdiction for a century. [38] 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), Masters in Chancery to adjudicate matters (10 Del. C. § 350), and agreements to make decisions non-appealable (10 Del. C. § 351). [39]

California, [40] [41] Connecticut, [42] Oregon, and Minnesota have created specialized courts or tracks for complex litigation, [43] tying specialization to process and case management rather than legal subject matter, which could include some complex business and commercial disputes among a broader array of subject matter case types. Minnesota General Rule of Practice 146.02 provides an example of the process oriented nature of these specialized tracks. California's complex litigation programs are not statewide, but includes at least the following Superior Courts: Alameda, Contra Costa, [44] Los Angeles, [45] Orange, [46] Riverside, [47] Sacramento, [48] San Francisco, [49] San Mateo, [50] and Santa Clara. [51] There is a sufficient relationship between these specialized complex litigation dockets and business courts that, for example, former Orange County Complex Litigation Program Judge Gail A. Andler [52] is a past president of the American College of Business Court Judges (ACBCJ), [53] [54] and a number of California's complex litigation judges (including Judge Elihu Berle [55] ), and Minnesota complex litigation Judge Jerome Abrams, have served as Business Court Representatives [56] to the American Bar Association's Section of Business Law. Judge Abrams is a 2023-2024 Vice President of the ACBCJ. [53] Judge Berle is also a current officer of the ACBCJ (as of May 2024), has spoken at its judicial education programs, and participated in its first meeting in 2005. [57] [58] [59]

Other states are in various stages of moving toward or away from business or complex courts, with Colorado having conducted extensive studies over two decades ago into the merits and potential parameters of creating a business court on a broad basis, [60] which was not pursued, and later experimenting with a business court, the Civil Access Pilot Project, from 2012-2015; and Orlando, Florida having to move resources away from its Complex Business Litigation program into its family court, [61] though this program was restored in October 2019, [62] New Jersey expanding to a statewide business court track in 2015, after having only two counties with specialized commercial courts for 20 years, [63] and South Carolina's Business Court went from a regional pilot program and is now a permanent statewide program. [64] Milwaukee had a pilot business court program, implemented by the Milwaukee Circuit Court via local rule, that was little used and ended in 2009, [65] but Wisconsin's Supreme Court implemented a broader business court pilot program in 2017, which has expanded to a number of circuit courts and administrative districts throughout the state. [66] Oklahoma Statute §20-91.7 was enacted in 2004, authorizing the Supreme Court to create business court divisions in Tulsa and Oklahoma City, [67] but the Supreme Court has never chosen to do so; however, in 2024, Oklahoma's Governor has supported creation of business courts in Oklahoma. [68]

The American College of Business Court Judges was established in 2005. [69] The American Bar Association has played a significant role in the development of business courts. [70] The ABA Business Law Section has also created the Business Court Representative Program to include business and complex litigation judges in its community and educational programming. Since 1996, the Association of Corporate Counsel has similarly endorsed the creation of business courts in the United States where appropriate. [71]

International Business and Commercial Courts

Business and Commercial Courts exist internationally as well, [72] [73] [74] including, for example, in England and Wales (the Business and Property Courts, encompassing 13 specialized courts or lists), [75] Toronto, [76] Montreal, [77] Quebec, [78] and Alberta, [79] Canada, Ireland, [80] Scotland, [81] Denmark, the Netherlands, [82] [83] Hong Kong, Belgium, Bermuda, Queensland [84] and Victoria, Australia, [85] New Zealand (Commercial Panel), [86] Northern Ireland, [87] Qatar, [88] Dubai, [89] Spain, [90] [91] [92] France [93] (where the commercial courts are not divisions of other civil courts, but are autonomous [94] ), Switzerland, [95] [96] Austria, [97] Tanzania, [98] Rwanda, [99] Lesotho, [100] South Africa, [101] the British Virgin Islands, [102] St. Lucia, [103] Cayman Islands, [104] Guyana, [105] India, [106] Japan, [107] [108] Malaysia, [109] Thailand, [110] Kenya, [111] Malawi, [112] Saudi Arabia, [113] and Croatia. [114]

Use of the term "international commercial court" can also mean a forum for adjudicating disputes between parties from different nations, and not as a means to reference commercial courts in a country other than the United States. New English language commercial courts have been created in Paris, Frankfurt, the Netherlands, [115] [116] [117] Stuttgart and Mannheim, Germany, [118] Singapore, [119] Abu Dhabi, [120] Kazakhstan, [121] Qatar, [122] and Bahrain. [123] This reflects the growth in international commercial courts designed to hear disputes among parties from different nations. [124] [125] [126] The DIFC Courts in Dubai have had an English language international court for nearly two decades. [127] Some international commercial courts include foreign judges with commercial court experience on their bench, [128] [129] [130] for example, former Delaware Vice Chancellor and Supreme Court Justice Carolyn Berger serving on Singapore's International Commercial Court. [131]

The Business and Property Courts of England and Wales, located in the Rolls Building, [132] encompass 13 different courts or lists, for example, the Commercial Court, the Business List, the Circuit Commercial Court, the Technology and Construction Court, the Insolvency List, and the Intellectual Property Enterprise Court. One object of creating this consolidated forum for the business and commercial courts of England and Wales was to maintain the international preeminence of their courts for dispute resolution. [133]

In 2023, 40% of Commercial Court cases, within the Business and Property Courts of England and Wales, involved opposing parties from different nations, and 64% involved a mix of UK parties and international parties. [134] [2] There is a view that the more recently created commercial courts designed to hear disputes between parties of different nations will compete with the London based commercial courts as the preferred litigation forum for international commercial disputes. [135] In 2017, New York's Commercial Division added a "Large Complex Case List," modeled on the Business and Property Courts' Financial List for high stakes commercial litigation, as part of an overall effort to compete with the London based commercial courts as a preferred forum for international litigation. [136] [137] [138] [139] [140]

The jurisdictional scope of commercial courts outside the United States [141] may have some differences with U.S. state level specialized business and commercial courts. For example, the Business and Property Courts of England and Wales include specialized courts or lists for admiralty, [142] insolvency, [143] and patents, [144] which in the United States would typically be subject to jurisdiction in federal tribunals, such as the United States Bankruptcy Courts [145] or the United States District Courts, and not in specialized state trial level business courts. The scope of any commercial court's jurisdiction may vary between countries. [146]

The Standing International Forum of Commercial Courts (SIFoCC) was created in 2016. [147] From 2017 through 2024, the SIFoCC has held five full meetings, with dozens of judges from around the world, most recently in April 2024 in Doha, Qatar. [148] [149] [150] [151] In its 2023 policy resolution, the Association of Corporate Counsel recognizes and endorses the creation and support of business courts internationally, as well as in the United States. [152]

Technology Disputes & Cyber Courts

In the United States and internationally, "[t]he notion of specialized courts to decide technology disputes has a rich history with noteworthy milestones." [153]

Some states have established specialized business and commercial courts that include technology disputes as part of their express jurisdiction. [154] Through legislative effort and court rule, in 2003, 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). [39] West Virginia's Business Court Division Rule 24.09 expressly includes technology issues. The Davidson County, Tennessee Business Court Docket expressly encompasses technology and biotechnology licensing. [155] North Carolina's Business Court jurisdiction expressly includes computer software, information technology and systems, data and data system security, biotechnology and bioscience technology. [156] Under Michigan's statutes, MCL Sec. 600.8031(2)(b), business court jurisdiction includes business or commercial disputes "involving information technology, software, or website development, maintenance, or hosting...." [157] Wyoming Chancery Court Rule 2(b)(17) provides jurisdiction over disputes "concerning a digital asset registered under W.S. § 34‑29‑201 through 34‑29‑209 [158] ...." [159] New York Commercial Division Rule 202.70(b)(1), addressing that business court's jurisdiction, was amended in February 2024 to expressly include "technology transactions and/or commercial disputes involving or arising out of technology". [160] This amendment is intended to make clear the New York business court's experience in handling technology disputes, especially in light of the fact that "many of the business courts in other states have emphasized their jurisdiction over and experience with adjudicating technology disputes...." [161]

There are also examples of international courts expressly addressing technology disputes as part of their jurisdiction. The Practice Directions (Part XXIV) of Singapore's International Commercial Court include a Technology, Infrastructure, and Construction List. [162] In 2024, the Commercial Court, within Ireland's High Court, was in the process of developing "a specialist sub-list called the Intellectual Property and Technology List with specialist judges from the Commercial Court." The Victoria, Australia Commercial Court expressly includes jurisdiction over "Proceedings relating to technology, engineering and/or construction...." [163] The DIFC Courts Technology and Construction Division has jurisdiction over, among other things, "claims relating to the design, supply and/or installation of computers, computer software and related network and information technology systems and services...." [164]

Some jurisdictions emphasized the idea that newly created business courts would make use of cutting edge technologies in handling business litigation, becoming so-called "cyber courts" [165] [166] [167] (that may now fall under the broader rubric of Cyberjustice). For example, North Carolina's Business Court was an early proponent of electronic filing and high-tech courtrooms. [168] New York's Commercial Division created "Courtroom 2000" making various technologies available for use by the courts and parties, while also serving as "a technological laboratory" for later use in all of New York's state courts. [169] The use of technology in case management may be especially apt in international commercial courts, with litigation between parties from different nations. [170] For example, the ADGM Courts in Abu Dhabi self-describe as "the world's first end-to-end, fully digital courts platform...." [171]

Entities and Committees Involved in Developing and Maintaining Business Courts

The history of business and commercial courts in the United States provides considerable examples of task forces, advisory bodies, bar associations and other entities involved in their creation, development and refinement, and in providing education on their operations.

A number of business courts were created after studies carried out by task forces. For example, in 1994, North Carolina's Governor established the North Carolina Commission on Business Laws and the Economy, and North Carolina's Business Court was created after the Commission's 1995 report and recommendations. [172] In February 1995, in reviewing the status of pilot commercial parts established in Manhattan in 1993, [173] Chief Judge Judith S. Kaye created a Commercial Courts Task Force, consisting of "bar leaders, judges, commercial litigators, and business leaders...." [174] In 1999, a Nevada Legislative Commission formed a Subcommittee to Encourage Corporations and Other Business Entities to Organize and Conduct Business in this State, that included a number of state legislators and legislative counsel, and an advisory committee including a deputy secretary of state, the president of the Nevada Business Journal, the chair of the State Bar's Business Law Section, and the deputy director of a commission on economic development. [175]

Around 2000, Maryland's General Assembly created a Business and Technology Court Task Force to study the feasibility of a specialized business and technology court in Maryland, that included judges, legislators, bar association members, and others from the business and academic communities. [176] With approval from South Carolina's Chief Justice, around 2007, the South Carolina Bar created a Task Force on Courts, consisting of judges and lawyers, to study the creation of a specialized business court, among other tasks. [177] In 2009, the Delaware Superior Court's President Judge "appointed a committee of nine lawyers ... to explore the management of complex and commercial litigation matters within the Court and to make recommendations about the handling of such matters...." [178] Other examples of states creating task forces to study and make recommendations concerning the implementation of business courts include, among others, Maine, [179] Michigan, [180] West Virginia, [181] Arizona, [182] Georgia, [183] Iowa, [184] New Jersey, [185] Ohio, [186] and Mississippi [187] (no court created). The Texas Judicial Council's [188] Civil Justice Committee's 2022 Report and Recommendations recommended creating pilot business courts. [189]

Other groups have studied and reported on operations and practices in functioning business and commercial courts, to provide information and/or recommendations. Massachusetts, Superior Court Chief Justice Suzanne V. DelVecchio [190] appointed a body of lawyers with a variety of backgrounds to a Business Litigation Resource Committee, to report on the Suffolk Superior Court's Business Litigation Session. [191] The North Carolina Administrative Office of the Courts has submitted annual reports on the North Carolina Business Court for over 20 years. [192] Arizona's Supreme Court created the Commercial Court Review Committee to study and make recommendations concerning the Commercial Court docket in Phoenix. [193] Iowa's State Court Administration has made annual reviews of the Iowa Business Specialty Court as a pilot project and will make reports on the permanent business court. [194] Tennessee's Supreme Court created a Business Court Docket Advisory Commission [195] to study the ongoing operations and make recommendations concerning continuation of Tennessee's Business Court. [196] West Virginia's Business Court Division makes annual reports. [197] Wisconsin's Supreme Court created the Business Courts Advisory Committee ("consisting of judges, private attorneys, and administrative staff"), which was both involved in the 2017 creation of commercial dockets in Wisconsin, and in the expansion of, and practices in, the Commercial Docket Pilot Project. [198] More recently, in 2023, Utah's Supreme Court created an Advisory Committee on the Rules of Business and Chancery Procedure to develop rules for the new court, set to open in 2024. [199] [200]

Some councils and committees take an active role in business courts' ongoing operations. In 2013, New York Court of Appeals Chief Judge Jonathan Lippman established the New York Commercial Division Advisory Council (CDAC) to implement recommendations from his earlier created Task Force on Commercial Litigation in the 21st Century. [201] The CDAC "is composed of distinguished commercial practitioners and Judges from around the state and [has been] chaired by Robert L. Haig, Esq. [since its inception]." [202] [203] In addition to providing education about the Commercial Division, [204] the CDAC has regularly recommended Commercial Division rule changes that have been adopted after an opportunity for public comment. [205] [206] [207] [208]

The Philadelphia Bar Association's Business Litigation Committee plays a role in selecting lawyers as Judges Pro Tempore to serve as court appointed neutrals and mediators in Philadelphia Commerce Court cases, [209] as well as working with the Commerce Court in other ways. [210] In 2003, the Chicago Bar Association created its Commercial Litigation Committee "to promote discourse between judges and lawyers who handle business-related disputes" with an initial focus on the Law Division's Commercial Calendars. [211] The Boston Bar Association's Business and Commercial Litigation Section holds an annual event, "Business Litigation Session [212] Year in Review", where the bar can hear directly from Business Litigation Session judges. [213] The Florida Bar's Business Law Section has a Business Courts Task Force. [214] The Ohio State Bar Association's Corporation Law Committee urged a detailed resolution to expand the Commercial Docket statewide. [215] The Kentucky Bar Association's Business Law Section put on programming about Kentucky's newly established business court. [216] [217]

Indiana provides an example where essentially the same advisory entity has addressed all aspects of adjunct support to create and maintain a business court. The Commercial Courts Working Group began in 2014 as a project headed by Superior Court Judges Heather Welch [218] and Craig Bobay, [219] who recruited judges, lawyers and academics to work on creating commercial courts in Indiana. In 2015, Indiana's Supreme Court formalized the group, after which it evolved into a broader membership, tasked with answering specific questions and carrying out specific functions toward the possible implementation of commercial courts. A pilot commercial court program was created in 2016, and the Working Group was then tasked with studying and improving the ongoing commercial court. [220] In 2019, the pilot commercial courts were made permanent and the Working Group was replaced by the Commercial Courts Committee, which was to provide future guidance on the Commercial Courts, consisting of one judge from each Superior Court Commercial Court, litigators representing small and large businesses, transactional attorneys representing small and large businesses, in-house counsel representing small and large businesses, other commercial litigation attorneys, one or more legislative representatives, one or more members of the Chamber of Commerce, and one or more law professors in relevant subject matter. [221]

International examples include, among others, the DIFC Courts' "Court Users Committee" [222] and Rules Committee, [223] Scotland's Consultive Committee on Commercial Actions, [224] the Singapore International Commercial Courts Committee, [225] Rwanda's Business Law Reform Cell, [226] and Kenya's Business Court Users Committee. [227]

Private entities have also carried out implementation or operational studies at the behest of courts, for example, the Institute for the Advancement of the American Legal System [228] studies and reports for Colorado's pilot business courts (Civil Access Pilot Project), [229] the National Center for State Courts Commercial Court Evaluation for the Superior Court of Arizona in Maricopa County [230] and its study of civil programs in Philadelphia's Court of Common Pleas (including its Commerce Court), [231] a private firm study to create a business court in Atlanta (Fulton County Superior Court), [232] and a good government group's (The Committee of Seventy) study of Philadelphia's Commerce Case Management Program. [233] The National Center for State Courts, working with the Tennessee Administrative Office of the Courts, also has developed a curriculum and faculty guide for creating business courts. [234]

The American Bar Association has a long history in supporting the development of business courts, [235] [236] including, among other things, the creation of an Ad Hoc Committee on Business Courts in the 1990s, [237] which evovled into the permanent Business Courts Subcommittee [238] within the Business Law Section's Business and Corporate Litigation Committee; the development of a Business Court Representatives Program; [239] and a clerkship program placing law students with business court judges for summer clerkships. [240] The Business Law Section's Judges Initiative Committee was inspired by North Carolina Business Court Judge Ben F. Tennille, who served as its first judicial co-chair (as was the Business Representatives Program). [241] South Carolina Business Court Judge Clifton Newman, Michigan Business Court Judge Christopher P. Yates, and New York Commercial Division Judge Timothy Driscoll have also served as a Judges Initiative Committee co-chairs. [242] [243] [244]

Business Courts and Alternative Dispute Resolution

The significant relationship between business courts and Alternative Dispute Resolution, such as mediation, neutral evaluation, [245] and arbitration, is well recognized, both in seeing business courts as a competitor forum with arbitration, and in using ADR as a complementary adjunct to the litigation process. [246] [247] [248] [249] [250] Thus, for example, New York Commercial Division Rule 3 allows for court appointed mediators and neutral evaluators, [251] the enabling order for Philadelphia's Commerce Case Management Program creates an alternative dispute resolution program utilizing Judges Pro Tempore within court mandated settlement conferences, and discretionary referrals to private mediation, [209] North Carolina Business Court Rule 11 addresses mandatory mediation, [252] and Florida's Ninth Judicial Circuit Business Court Procedures, Section 8, requires mandatory ADR for each case, and addresses non-binding arbitration as well as mediation. [253] The Michigan Supreme Court order implementing that state's Business Court case management standards includes an emphasis on early mediation. [254]

International examples include, among others, the Business and Property Courts of England and Wales Commercial Court Guide, Section G, addresses "Negotiated Dispute Resolution" (NDR), including mediation, conciliation, direct negotiations between party representatives, and early neutral evaluation. [255] The Order governing proceedings on Ireland's Commercial List, section 6(a)(b)(xiii), gives the commercial list judge power to adjourn proceedings for a limited time so the parties may consider mediation, conciliation, or arbitration. [256] Part 27 of the DIFC Court Rules (Dubai) address ADR, [257] and the ADGM Courts (Abu Dhabi) have court annexed mediation. [258]

Some U.S. business courts expressly encourage the use of special masters or referees in expediting some types of decision making during the litigation process, for example in North Carolina, [259] Kentucky, [260] New York, [261] Indiana, [262] Orlando, [263] Ft. Lauderdale, [264] and Georgia. [265] Delaware's Court of Chancery also uses magistrates, who can potentially be final decision makers. [266]

The New York Commercial Division and the Metro Atlanta Business Case Division are empowered to hear court-based disputes concerning international arbitration proceedings. [267] [268] A substantial part of the Commercial Court of England and Wales' docket involves arbitration appeals. [269] The Eleventh Judicial Circuit Court in Miami-Dade County Florida has created a separate International Commercial Arbitration Court. [270] Judge Lisa M. Walsh serves as both a Complex Business Litigation Division Judge [271] [272] and a presiding International Commercial Arbitration Court Judge.

Appellate Business and Commercial Courts

In 2023, Texas passed a law creating an appellate level business court, the Fifteenth Court of Appeals, which will not become operational until September 2024, at the earliest. [273] Once operational, it would become the first specialized appellate level business court in the United States. [274] On February 6, 2024, the Texas Supreme Court approved a preliminary set of appellate rules for this new court, subject to public comment (which closed on May 1, 2024). [275] Pennsylvania earlier passed a law, in 2020, encouraging the Superior Court of Pennsylvania to create a specialized appellate Commerce Court, [276] but that intermediate appellate court has not done so.

Other appellate courts have been described as commercial or business courts, not by design, but in reference to their actual case work, such as the United States Court of Appeals for the Seventh Circuit, [277] and the Delaware Supreme Court. [278] Retired Seventh Circuit Judge Richard Posner wrote that in the nineteenth century and well into the twentieth century, “t]he New York Court of Appeals was the nation’s premier commercial court.” [279] The United States Court of Appeals for the Second Circuit has been similarly described as “the country’s leading commercial court during the 1940s and 1950s...." [280]

India's Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act includes provisions for specialized commercial appellate divisions. [281] [282] [283] There is a Netherland's Commercial Court of Appeals, and Enterprise Chamber of the Amsterdam Court of Appeals. [284] [285] Singapore's International Commercial Court is designated to hear appeals from Bahrain's International Commercial Court. [286]

Business and Commercial Court Judges in the United States Since 1993

Following is a non-exhaustive list of business court judges serving over a period of years in U.S. business and commercial courts, in and after 1993, and/or identifying many judges who were pioneers on their bench and/or have had an impact beyond their bench. 1993 is when the first modern business court programs began in the United States. The list does not include Chancellors and Vice-Chancellors from the Delaware Court of Chancery, which has been a pre-eminent business court for over a century, and whose judges have held an important place as business court judges over that time.

• Brent T. Adams, Second Judicial District, Nevada, Business Court. Judge Adams was the first presiding judge in the Reno based Business Court that was created in 2000, [287] and served over a decade on the Business Court, until his retirement in 2014. [288] [289]

• James M. Alexander, Michigan Circuit Court, Business Court. Judge Alexander served on the Oakland County Business Court from its inception until his retirement in 2020. [290] [291]

• Nancy L. Alff, Eighth Judicial District Court, Nevada, Business Court. As a lawyer, Judge Alff was on the Business Court Task Force that had proposed creating business court dockets in Nevada, and she ultimately served 10 years as a judge on the Las Vegas Business Court. She is a member of the American College of Business Court Judges. [292] She was a Business Court Representative to the American Bar Association's Business Law Section. [293]

• Jon Van Allsburg, Michigan Circuit Court, Business Court. Judge Van Allsburg has been an Ottawa County Business Court judge since its inception in 2013 (as of May 2024). [294]

• Michael J. Aprahamian, Wisconsin Circuit Court, Commercial Docket Pilot Project. Waukesha County Judge Aprahamiam was on the Business Court Advisory Committee that petitioned to create Wisconsin's Commercial Docket Pilot Project in 2016, [295] was among the first judges to be appointed to the pilot business court after it was approved as a three-year pilot program, and remains a Commercial Docket judge (as of May 2024). [296] [297] [298] Judge Aprahamian has written and spoken extensively in explaining this business court. [299] [300] [301] [302]

• Leonard B. Austin, New York Commercial Division. Judge Austin served on the Commercial Division in Nassau County for 9 years, and was later appointed to New York's intermediate appellate court. [303] He is a past president of the American College of Business Court Judges. [304]

• Lewis A. Bledsoe, III, North Carolina Business Court. Judge Bledsoe was appointed to the Business Court in 2014 and was designated its Chief Judge in 2018, a position he still holds (as of May 2024). [305] [306] He served as a Business Court Representative to the American Bar Association's Business Law Section. [307]

• Craig J. Bobay, Indiana Superior Court, Commercial Court. Judge Bobay has been a Commercial Court judge in Allen County (Fort Wayne) since its inception in 2016, served as a co-founder of Indiana's Commercial Courts Working Group, and is current chair of the Indiana Commercial Committee. [308] [309] [310]

• Alice D. Bonner, Fulton County Georgia Superior Court Business Case Division, later Metro Atlanta Business Case Division. In 2005, Judge Bonner was appointed as one of the original judges in the Business Case Division. [311] She continued serving for over 15 years. [312] She participated in the first meeting of the American College of Business Court Judges in 2005. [313]

• Herman Cahn, New York Commercial Division. In 1993, Judge Cahn was appointed as one of the original pilot Commercial Part judges in Manhattan, after he had been instrumental in creating this pilot business court. He continued his role as a business court judge after the creation of the Commercial Division in 1995, serving there until 2008. [314]

• Audrey J.S. Carrion, Circuit Court of Maryland, Business and Technology Case Management Program (BTCMP). Judge Carrion was appointed to the Baltimore City Circuit Court BTCMP in 2010, was its Director from 2012 to January 1, 2020, and remains a BTCMP judge (as of May 2024) while serving as Administrative Judge and Chief Judge of Baltimore's Circuit Court. [315] She was a Business Court Representative to the American Bar Association's Business Law Section. [316]

• Carolyn E. Demerest, New York Commercial Division. Judge Demarest served in the Brooklyn, Kings County Commercial Division from its inception in 2002 through 2016. [317] [318]

• Mark R. Denton, Eighth Judicial District Court, Nevada, Business Court. Judge Denton has served in the Las Vegas District Court's business court docket for over 15 years. [319] He is the immediate past president of the American College of Business Court Judges. [320]

• John P. DiBlasi, New York Commercial Division. Judge DiBlasi was the first Commercial Division judge in Westchester County in 1999, and served in the Commercial Division for ten years. Now a nationally known mediator, he was early to implement ADR in the Commercial Division. [321] [322] [323]

• Timothy S. Driscoll, New York Commercial Division. Judge Driscoll has been a Nassau County Commercial Division judge since 2009 (as of May 2024). [324] He has written extensively on practice and development in the Commercial Division. [325] He is a past president of the American College of Business Court Judges. [326]

• Elizabeth Hazlitt Emerson, New York Commercial Division. In 2002, Judge Hazlitt Emerson played a key part in establishing the Commercial Division in Suffolk County, where she served for two decades, and took on significant responsibilities in shaping Commercial Division structure and practice across New York. [327] [328] [329] [330] [331] She served as a 2021-2023 Business Court Representative to the ABA's Section of Business Law. [332]

• Helen E. Freedman, New York Commercial Division. Judge Freedman served in the Manhattan Commercial Division for over eight years, until her appointment to New York's intermediate appellate court in 2008. [333] [334]

• Gill Freeman, Eleventh Judicial Circuit of Florida, Complex Business Litigation Section. Judge Freeman was the first judge presiding over Miami's Complex Business Litigation Section, serving in that role for five years. [335] [336] She is co-chair of the Florida Bar's Business Law Section's Business Courts Task Force. [337]

• James Gale, North Carolina Business Court. Judge Gale served for a decade on the North Carolina Business Court, including three years as its Chief Judge. [338] He is a Director of the American College of Business Court Judges. [339] He was co-chair of the ABA Business Law Section's Business Courts Subcommittee, [340] and has also been a co-editor of the "Business Courts" chapter in the American Bar Association publication, Recent Developments in Business and Corporate Litigation.

• Ira Gammerman, New York Commercial Division. Judge Gammerman began as one of the four original pilot Commercial Part judges in Manhattan in 1993, and continued for many years with the Commercial Division. [341] [342]

• Allen van Gestel, Suffolk (Massachusetts) Superior Court, Business Litigation Session. Judge van Gestel was the original Business Litigation Session (BLS) judge in 2000, and served as a BLS judge until his 2007 retirement, personally authoring hundreds of opinions. [343] [344] [345] [346] He particpated in the first meeting of the American College of Business Court Judges in 2005. [347]

• Gary S. Glazer, Philadelphia Court of Common Pleas, Commerce Case Management Program. Judge Glazer served for nearly a decade on the Commerce Court, including 2018-2021 as its Supervising Judge. [348] [349] He is also one of the few U.S. judges to actively participate in the Standing International Forum of Commercial Courts. [350] [351]

• Allen S. Goldberg, Circuit Court of Cook County, Illinois, Commercial Calendar. Judge Goldberg served on Chicago's Commercial Calendar from 2000-2011. [352] In 2004, he headed the committee that drafted rules for the Cook County Circuit Court's Law Division's court-annexed mediation program. [353] [354] He was a Business Court Representative to the American Bar Association's Business Law Section. [355] He participated in the first meeting of the American College of Business Court Judges in 2005. [356]

• Elizabeth Goff Gonzalez, Eighth Judicial District Court, Nevada, Business Court. Beginning in 2007, Judge Gonzales began her many years of service presiding over the Las Vegas District Court's business court docket. [357] She is a past president of the American College of Business Court Judges. [358]

• John W. Herron, Philadelphia Court of Common Pleas Commerce Case Management Program (Commerce Court). As Administrative Judge, in 1999 Judge Herron issued the order creating the Commerce Court, and then served as one of the original Commerce Court judges during its first two years. [359] [360]

• Joseph Iannazzone, Superior and State Courts of Gwinnett County, Georgia Business Court, later Metro Atlanta Business Case Division. Judge Iannazzone was one of two judges in Gwinnett County's Business Court, which later joined the Metro Atlanta Business Case Division. [361] He is a past president of the American College of Business Court Judges. [362]

• Mary Miller Johnston, Superior Court of Delaware, Complex Commercial Litigation Division (CCLD). New Castle County Superior Court Judge Miller Johnston was appointed a CCLD judge in 2011, [363] served on the CCLD until 2023, being the longest serving CCLD judge as of 2024, and was often cross-designated as a Vice Chancellor in Delaware's Court of Chancery. [364] [365] She was a Business Court Representative to the American Bar Association's Business Law Section, [366] and is an officer of the American College of Business Court Judges. [367]

• John R. Jolly, Jr., North Carolina Business Court. Judge Jolly served on the Business Court from 2005-2014, 2011 to 2014 as its Chief Judge. [368] Judge Jolly participated in the first meeting of the American College of Business Court Judges in 2005. [369]

• M. Randall Jurrens, Circuit Court of Michigan, Business Court. Judge Jurrens was appointed to the Saginaw County Business Court upon its inception in 2013, and remains a judge in that program (as of May 2024), with his term currently ending in 2025. [370] [371]

• Deborah Karulunas, New York Commercial Division. Judge Karulunas presided in the Onondaga County (Syracuse) Commercial Division from its inception in 2007 for over 15 years. [372]

• Elizabeth E. Long, Fulton County Georgia Superior Court Business Case Division, later Metro Atlanta Business Case Division. In 2005, Judge Long was appointed as one of the original judges in the Business Case Division. [373] She continued serving for over 15 years. [374] She participated in the first meeting of the American College of Business Court Judges in 2005. [375]

• Ellen Hobbs Lyle, Davidson County (Nashville), Tennessee Chancery Court, Business Court Pilot Project. In 2015, Chancellor Hobbs Lyle became Tennessee's first business court judge, and established the new program as its sole judge through the end of 2017. [376] [377]

• Albert J. Matricciani, Circuit Court of Maryland, Business and Technology Case Management Program (BTCMP). Baltimore City Circuit Court Judge Matricciani was appointed to the Business and Technology Case Management Program Implementation Committee in 2001, [378] was a Director of the BTCMP from 2001-2008, [379] and was one of the first BTCMP judges in Baltimore when that program became operational in 2003, until he was appointed to Maryland's intermediate appellate court in 2008. [380] He was a Business Court Representative to the American Bar Association's Business Law Section. [381] Judge Matricciani participated in the first meeting of the American College of Business Court Judges in 2005. [382]

• Patricia A. McInerney, Philadelphia Court of Common Pleas, Commerce Case Management Program (Commerce Court). Judge McInerney served on the Commerce Court in two different periods. Her second appointment came in 2011 and she served until 2018, during which time she became the Commerce Court's first Supervising Judge. [383] [384] Judge McInerney was also a Business Court Representative to the American Bar Association's Business Law Section. [385]

• Richard McNamara, New Hampshire Superior Court, Business and Commercial Dispute Docket (BCD). In 2009, Judge McNamara was New Hampshire's first BCD judge, and served in that role for 11 years. [386] [387] [388]

• Clifton B. Newman, South Carolina Circuit Court Business Court. Judge Newman was appointed to South Carolina's Business Court in 2010, [389] and handled business and commercial litigation cases until his retirement over a decade later. [390] He is a past president of the American College of Business Court Judges. [391]

• Stephen I. Platt, Circuit Court of Maryland, Business and Technology Case Management Program. Sitting in Prince Georges County, Judge Platt was the original supervising judge of the newly created Maryland business court program from 2003-2005, and was an architect of that program. [392] [393] [394] He is a past president of the American College of Business Court Judges. [395] He has also educated broadly about presiding over business litigation, well beyond Maryland. [396]

• Charles Ramos, New York Commercial Division. Judge Ramos served as a Commercial Division judge in Manhattan from 1996-2018. [397] During his tenure, in 2013, Judge Ramos was designated to hear all international arbitration cases before the Commercial Division. [398]

• Randolph G. Rich, State Court of Gwinnett County Georgia Business Court, Metro Atlanta Business Case Division. Then State Court Judge Randy Rich implemented Gwinnett County's Business Court as a pilot program over 15 years ago, [399] and remained a Business Court Judge in Gwinnett until that program became part of the Metro Atlanta Business Case Division, [400] where, by then Superior Court Judge Rich continued to serve as a business court judge until 2020. [401] [402]

• Renee A. Roche, Ninth Judicial Circuit of Florida, Business Court. Judge Roche was the first specialized business court judge in Florida, appointed in 2004. [403] [404] Judge Roche served as a Business Court Representative to the American Bar Association's Business Law Section. [405] Judge Roche served on the Executive Committee of the team that organized the first meeting of the American College of Business Court Judges in 2005. [406]

• Ronald B. Rubin, Circuit Court of Maryland, Business and Technology Case Management Program (BTCMP). Judge Rubin served on the Montgomery County Circuit Court BTCMP from 2008 to November 2021, and has continued to serve in that program as a senior judge (as of May 2024). [407] He has been the statewide BTCMP's most prolific opinion writer. [408]

• J. Stephen Schuster, who handled complex business litigation in the Superior Court of Cobb County, Georgia, [409] is a past president of the ACBCJ, [410] past co-chair of the ABA Section of Business Law's Judges Initiative Committee, [411] and served as a Business Court Representative to the ABA's Business Law Section. [412]

• Albert W. Sheppard, Jr., Philadelphia Court of Common Pleas' Commerce Case Management Program (Commerce Court). Judge Sheppard served on the Commerce Court from its inception in 2000, until his death in 2011. [413] [414] Judge Sheppard participated in the first meeting of the American College of Business Court Judges in 2005. [415]

Patrick J. Sherlock, Circuit Court of Cook County, Illinois, Commercial Calendar. Judge Sherlock was first assigned to the Chicago Circuit Court's Commercial Calendar in 2013, [416] and is now the Supervising Judge of the Commercial Calendars (as of May 2024). [417] [418]

• Michael Silverstein, Rhode Island Superior Court Business Calendar. In 2001, Justice Silverstein was the first judge assigned to the Business Calendar, which he co-created with Superior Court Presiding Justice Joseph F. Rodgers Jr., and served until 2018. [419] [420]

• Joseph R. Slights, III, Delaware Superior Court Complex Commercial Litigation Division (CCLD). Judge Slights was instrumental in creating the CCLD and served as one of its first judges. He was later a Vice Chancellor in Delaware's Court of Chancery. [421] [422] Judge Slights participated in the first meeting of the American College of Business Court Judges in 2005. [423]

• Thomas B. Smith, Ninth Judicial Circuit of Florida (Orange and Osceola Counties), Business Court. In 2003, Judge Smith initiated the idea of establishing a specialized business court in the Ninth Circuit, which was created the following year by order of President Judge Belvin Perry. Judge Smith later served as a Business Court judge. [424] Both Judges Smith and Perry participated in the first meeting of the American College of Business Court Judges in 2005. [425]

• Thomas A. Stander, New York Seventh Judicial District Commercial Division, Monroe County. The Rochester based Commercial Division was created simultaneously with the Manhattan Commercial Division, effective November 6, 1995, with Judge Stander selected to be its first judge, who regarded and pursued active case management as a key objective. [426] [427] [428] He led that Commercial Division for ten years. [429]

• Brian P. Stern, Rhode Island Superior Court, Business Calendar. Justice Stern has been a Business Calendar judge since 2011, [430] and remains so (as of May 2024). [431]

• Brian R. Sullivan, Michigan Circuit Court, Business Court. Judge Sullivan has been a Business Court judge in Wayne County (Detroit) since the Business Court's inception in 2013 (as of May 2024). [432]

• John Telleen, Iowa District Court, Business Specialty Court. Seventh Judicial District Judge Telleen was one of the three judges originally appointed to the Iowa Business Specialty Court Pilot Project in 2013, [433] and remains one of the judges on the permanent court (as of May 2024). [434] He is a Director of the American College of Business Court Judges. [435]

• Ben F. Tennille, North Carolina Business Court. Judge Tennille was the first North Carolina Business Court judge in 1995 and served as the leader of that court until his retirement in 2011. He has been influential [436] in the growth of business courts nationally [437] and internationally. [438] He inspired the founding of the American College of Business Court Judges, of which he was the first president. [439] [440] [441] [442] He was a driving force behind creating the American Bar Association's Judges Initiative Committee and Business Court Representatives Program. [241]

• Sean D. Wallace, Circuit Court of Maryland. Judge Wallace served on the Prince Georges County Circuit Court and as a Maryland courts chair of the business and technology case management subcommittee from 2015-2020. [443] He is a past president of the American College of Business Court Judges, [444] and was a Business Court Representative to the American Bar Association's Business Law Section. [445]

• Christine A. Ward, Court of Common Pleas of Allegheny County (Pittsburgh), Pennsylvania, Commerce and Complex Litigation Center. Judge Ward was one of two judges appointed in 2007 to serve on the newly created Commerce and Complex Litigation Center, along with legendary Pennsylvania Judge R. Stanton Wettick. [446] [447] She remains a judge in that program, as of May 2024, [448] while also serving as the Civil Division's Administrative Judge. [449] Judge Ward is a past president of the American College of Business Court Judges. [450]

• Heather Welch, Marion County Superior Court, Commercial Court. Judge Welch was integral to the creation of Indiana's Commercial Courts, co-creating a Commercial Courts Working Group in 2014, ultimately leading to pilot Commercial Courts being implemented in 2016. [451] She served as a Commercial Court judge in Marion County (Indianapolis) from the pilot stage until her retirement in early 2024. [452] She is an officer of the American College of Business Court Judges, on track to become its president, [453] was a Business Court Representative to the American Bar Association's Business Law Section, [454] and has co-chaired its Business Courts Subcommittee. [455]

• Ira B. Warshawsky, New York Commercial Division. Judge Warshawsky served as a Commercial Division Judge in Nassau County from 2002 to 2011, and is a past president of the American College of Business Court Judges. [456] [457] [458]

• Craig L. Wellerson, Superior Court of New Jersey, Complex Business Litigation Program (CBLP). Ocean County Judge Wellerson was among the first set of county judges designated to the CBLP at its 2015 inception. [459] He remains a CBLP judge (as of May 2024), and is Chair of the Committee of Complex Business Litigation Judges. [460]

• Christopher C. Wilkes, Circuit Court of West Virginia, Business Court Division. Judge Wilkes served as the first chair of the Business Court Division from 2012-2018, [461] [462] and continued with the business court as a senior judge, with a term expiring on December 31, 2024. [463] [464] He also served as a Business Court Representative to the American Bar Association's Business Law Section. [465]

• Robert C. Wilson, Superior Court of New Jersey, Bergen County, Complex Business Litigation Program (CBLP). Judge Wilson was assigned as the CBLP judge in Bergen County when that program began in 2015, until his 2023 retirement, [466] but even before that he had experience as a business court judge in Bergen County, [467] which had a history of specialized assignments of complex commercial cases. [468]

• Christopher P. Yates, Kent County, Michigan Circuit Court, Business Court. He was the original business court judge in Kent County, serving in that position for a decade until his 2022 appointment to Michigan's intermediate appellate court. [469] [470] As of May 2024, he is the President of the American College of Business Court Judges. [471] He is a past co-chair of the American Bar Association's Judges Initiative Committee [472] and has written on the role of the ABA in developing business courts. [473]

• Roger M. Young, Sr., South Carolina Circuit Court, Business Court. Ninth Judicial Circuit (Charleston) Judge Young was among the first judges appointed to the Business Court in 2007, [474] was appointed Chief Business Court Judge for Administrative Purposes in 2016, and through later orders has been reappointed to that position (as of May 2024). [475] [476] [477]

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