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The Commercial Court Republic of Liberia

The Commercial Court Republic of Liberia. UTILIZING THE LIBERIAN COMMERCIAL CODE AND THE COMMERCIAL COURT: CHALLENGES AND BENEFITS. Outline of Presentation. Introduction Essay Question Perspective Analysis Challenges Key Findings Conclusion Recommendations. Perspective.

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The Commercial Court Republic of Liberia

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  1. The Commercial CourtRepublic of Liberia UTILIZING THE LIBERIAN COMMERCIAL CODE AND THE COMMERCIAL COURT: CHALLENGES AND BENEFITS 31Aug'12 Bar Assembly Commercial Court/RL Presentation

  2. Outline of Presentation • Introduction • Essay Question • Perspective • Analysis • Challenges • Key Findings • Conclusion • Recommendations 31Aug'12 Bar Assembly Commercial Court/RL Presentation

  3. Perspective • Jurisdiction over all civil claims arising/related to commercial transaction for at least USD15,000.00. • Exclusive jurisdiction over cases of admiralty. • Concurrent Jurisdiction with debt court over debt actions. • Territorial jurisdiction over commercial matters irrespective of resident of parties or place cause of action arose. 31Aug'12 Bar Assembly Commercial Court/RL Presentation

  4. Introduction • It is generally agreed that our dockets are swamped, and that the faster we move to relieve courts of the overburdening of cases, the quicker we allow for rapid handling of matters brought before courts; • If we can do this, we make real the possibility to showcase this country’s commitment to the rule of law, and to the swift and fair administration of justice; • Our struggle with judicial reform is not inimitable to Liberia rather it is consistent with post conflict reconstruction and development; • The creation of new courts and other justice institutions to ensure fair, speedy and competent adjudication of matters cannot be argued with; accordingly, • Liberia’s first commercial court is established inter alia to ease some of the above-mentioned challenges and to promote an enabling commercial environment. 31Aug'12 Bar Assembly Commercial Court/RL Presentation

  5. Essay Question To what extent does creation of a commercial court facilitates: • Prompt determination of commercial cases? • Demonstration of State’s assurance for post-conflict judicial reform? • Speedy, fair and proficient administration of law for the promotion of commerce and allied sectors? • Decongestion of related courts dockets? • Expansion of Public/Private interest? 31Aug'12 Bar Assembly Commercial Court/RL Presentation

  6. Analysis • Capacity to modify rules governing filing of precepts outside of existing laws, but within confines of law. • Jurisdictional primacy over commercial matters in Liberia. • Application for summary judgment filed only after pre-trial conference. • Exceptions to interlocutory ruling by a judge reviewable by commercial court full bench. • Appeal from commercial court not stay on enforcement of Judgment. • Judgment to be fully paid pending disposition of appeal. 31Aug'12 Bar Assembly Commercial Court/RL Presentation

  7. Analysis • Payment of full judgment condition precedent for completion of appeal. • Require arbitration for swift resolution of case if the court so believes. • Grant application to appropriate property materially related to action. • Non-jury trial. • Judges have relevant experience, competence and acumen for skill enhancement through continuing legal and applicable education. 31Aug'12 Bar Assembly Commercial Court/RL Presentation

  8. Challenges • Budgetary appropriation/political will • Compensation/Benefits • Information technology • Knowledge-raising • Records retrieval • Capacity building • Resistance • Misrepresentation 31Aug'12 Bar Assembly Commercial Court/RL Presentation

  9. Key Findings • Processes court driven • Robust pre-trial conference regime • Speedy, fair determination of cases • Proper records management • Competent administration • Ability to source funding • Increased court users’ confidence • Some political will • Limited global contact/exposure • Unknown judicial plan for professional & personal dev. • Limited Bar awareness 31Aug'12 Bar Assembly Commercial Court/RL Presentation

  10. Conclusion • Records available for monitoring & evaluation • Improved records management & retrieval system • Core competency to handle cases • Demonstrated professionalism • Limited political will/support • Timely service delivery • Enabling commerce and development • Changing landscape of court administration/case management • Deference for bench & bar • Information sharing between bench & bar • Civility to party litigants 31Aug'12 Bar Assembly Commercial Court/RL Presentation

  11. Recommendations Equip Judges to meet the demands of the 21st Century • Automate court processes • Provide continuing legal & related education • Support professional/personal growth & development • Improve salaries and benefits • Encourage high performance, integrity & professionalism • Promote international affiliations • Exhibit political/financial support • Continued information sharing on purpose/processes • Continued service delivery to public • Balance criticisms with action plan for enrichment programs 31Aug'12 Bar Assembly Commercial Court/RL Presentation

  12. Thank You 31Aug'12 Bar Assembly Commercial Court/RL Presentation

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