Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

The commercial court and ADR

  • 08-01-2011 9:09pm
    #1
    chunkylover4
    Registered Users, Registered Users 2 Posts: 243 ✭✭


    Hello I am writing a paper on the effect of the commercial court since it's creation on the irish legal system, with particular focus on case managment and ADR. Can anyone recommend some good articles on the commercial court or ADR in commercial matters?


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Yep, this has been well covered as far as I know in the Bar Review. http://www.legalperiodicals.org/search.php?q=Alternative+Dispute&sort=desc&col=&submit=Go

    The Commercial Court would do the same in most instances. If I was writing I'd cover off the Case Management process in Order 63A and indeed the new ADR Amendments under the Mediation and Conciliation : S.I. No. 502 of 2010 rules.

    There are upsides and downsides to these rules .... upsides saving costs, downsides ... adjournments to suit lazy judges.


  • #3
    chunkylover4
    Registered Users, Registered Users 2 Posts: 243 ✭✭chunkylover4


    What do you think about the idea that larger companies use the court as a tool to crush smaller rivals because of the frontloading of costs?


  • #4
    _JOE_
    Registered Users, Registered Users 2 Posts: 479 ✭✭_JOE_


    chunkylover4 wrote: »
    What do you think about the idea that larger companies use the court as a tool to crush smaller rivals because of the frontloading of costs?

    What's your opinion? Did you do a search of the above database?


  • #5
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    There'd be some truth in that general idea or perception alright. That comes with the danger of an ultra efficient Commercial List. In saying that, should there be abuse of process the costs would go against the larger firm, see Order 99, Rule 4A.

    The judge with seisin of this list does tend to be very cautious in terms of claims brought in and under that rule. Perhaps look at the US for comparative cases. Virginia, New Jersey and Delaware has similar ticker commercial lists.

    Tom


  • #6
    chunkylover4
    Registered Users, Registered Users 2 Posts: 243 ✭✭chunkylover4


    Thank you, will do


  • Advertisement
  • #7
    chunkylover4
    Registered Users, Registered Users 2 Posts: 243 ✭✭chunkylover4


    _JOE_ wrote: »
    What's your opinion? Did you do a search of the above database?
    I think companies with much larger resources can force clients to settle for much less than they would have because of the resources required to have such an early and fast trial, however this problem is not necesarily confined to the commercial court, and yes I have searched the database above.


Advertisement