Commercial Courts in Germany

Abstract

This chapter contains a plea for establishing commercial courts in Germany, as a branch of the German judicial system. The existing commercial chambers, which are divisions of the general courts of first instance, are ill-suited to serve the needs of business. Empirical data clearly show that sophisticated parties involved in high-value commercial disputes increasingly flee the German court system. The creation of a German commercial court that employed excellent and experienced judges, offered the speedy and flexible resolution of disputes and possessed state-of-the-art facilities, including IT, holds the promise to stop the decline. This chapter describes the current state of reform in Germany and elsewhere and explores the key features of a commercial court that meets the expectations of potential litigants.