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

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

Perspective Jurisdiction over all civil claims arising/related to commercial transaction for at least USD15, 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. 3 31Aug'12 Bar Assembly Commercial Court/RL Presentation

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. 4 31Aug'12 Bar Assembly Commercial Court/RL Presentation

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? 5 31Aug'12 Bar Assembly Commercial Court/RL Presentation

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. 6 31Aug'12 Bar Assembly Commercial Court/RL Presentation

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. 7 31Aug'12 Bar Assembly Commercial Court/RL Presentation

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

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 9 31Aug'12 Bar Assembly Commercial Court/RL Presentation

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 10 31Aug'12 Bar Assembly Commercial Court/RL Presentation

Recommendations Equip Judges to meet the demands of the 21 st 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 11 31Aug'12 Bar Assembly Commercial Court/RL Presentation

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