Specialized commercial courts and their role in encouraging investment
Ahmed Ali
law - faculty of law - elamansoura
Abstract
Research Summary: With the development of legislations that accompany the change in the patterns of investment and trade imposed by competition between companies, as well as the use of modern technologies and employing them to accomplish these actions, the presence of specialized commercial courts has become an important requirement, as a result of economic development in the world in general and in Kuwait in particular, as the Business these days has become sophisticated to the point of complexity, which only a specialized person can understand and decipher, so the presence of such specialized courts will help and contribute to the development of the economy and the prosperity of development in the country. In view of the global economic development that created sophisticated commercial transactions that were not known before, the need necessitated the existence of a specialized commercial judiciary in which the judge was familiar with contemporary developments and transactions, in addition to his knowledge of legal and legal rules. This qualitative shift in the specialized commercial judiciary will also include the quality of judicial rulings and their ability to achieve the goal of the judiciary at the best level, as well as the speed of adjudication of commercial disputes, in addition to the clarity and stability of judgments and jurisprudence, which enables the investor through his lawyer and legal counsel to know the rules and jurisprudence that are going It must eliminate it so that it can observe it in its contracts, and so that it clearly knows its rights and obligations, in addition to keeping up with the jurisprudence of commercial customs and the norms of specialized contracts and their universally agreed principles. Kuwaiti laws have not set a time limit for the separation of courts in the cases brought before them, which may be reflected in commercial transactions that remain subject to long litigation. Commercial judiciary is very important and it is an accurate jurisdiction and requires a specialized judicial background, just as the quality of cases is characterized by many similar elements, which will accelerate the resolution of these cases, which is what the business needs, and the appearance of these courts on the judicial arena raises the levels of integrity in business, In view of the easy access to a specialized judiciary directly, to achieve this purpose, which will contribute to accelerating the level of completion of commercial cases, reducing the duration of litigation, and improving and developing the performance of specialized judicial services. The study relied on the analytical method through our analysis of previous studies in the comparative countries. The study included three topics dealing with the first topic: the concept of investment and its importance and its relationship to the judiciary, while the second topic dealt with: the jurisdiction of commercial courts. While the third topic included: The role of the commercial judiciary in encouraging investment.
Keywords
Commercial courts, investment, commercial courts, contracts
