Efficient courts and quality judicial resolution for commercial disputes have strong link with economic success and competitiveness of a nation. Among global trend of commercial court reform, Taiwan’s newly established Commercial Court (2021) aims to solve the inefficiency problem of the past and to upgrade overall performance of the administration of commercial justice in the future.
Applying historical analysis in Chapter II, this comparative study identifies the purpose and required infrastructure of an ideal commercial court by looking into characteristics of commercial cases and demand of commercial parties with respect to court proceedings or other dispute resolution procedures.
Chapter III discusses major countries’ strategies and experiences in transforming or establishing commercial courts, including developments in London, England, Delaware State of the US, European Union (Germany, France, and Netherlands) and Asia (Singapore, China, and Middle East). English Commercial Court model or the common law rules of civil procedure (excluding jury trial) is welcome by many jurisdictions (while London keeps on innovation such as evidentiary rules).
Chapter IV addresses correlation and collaboration between commercial court and various Alternative Dispute Resolutions (ADRs)—including arbitration, mediation and the Online Dispute Resolution (ODR). Author explores proper role of a judge in recommending or conducting ADRs and the integration of ADR or ODR into court procedure. Feasibility of ADRs for certain commercial cases is also discussed.
Chapter V stocktakes Taiwan’s existing rules for fact-finding and efficient judgment, and proposes stronger discovery and case management rules of common law--such as pre-action protocols, deposition, witness statement, and summary judgement—for a more equal, efficient and quality resolution of commercial disputes.
Chapter VI concludes the dissertation.
