The Commercial Court is a division of the High Court and was established in 2004 to provide efficient and effective dispute resolution in commercial cases. It is governed by Order 63A of the Rules of the Superior Courts in particular.
The Commercial Court deals with the following type of business disputes:
- Disputes of a commercial nature between commercial bodies where the value of the claim is at least €1 million
- Proceedings under the Arbitration Act 2010 with a value of at least €1 million
- Disputes concerning intellectual property
- Appeals from or applications for judicial review of regulatory decisions
- Proceedings in connection with any function of the Registrar under the Cape Town Convention or the Aircraft Protocol as defined in the International Interests in Mobile Equipment (Cape Town Convention) Act 2005
- Other cases a judge of the Commercial Court considers appropriate
There is no automatic right of entry to the Commercial List of the High Court. It is at the discretion of a judge of the Commercial Court.
The Court uses a detailed case management system that is designed to streamline the preparation for trial, remove unnecessary costs and stalling tactics, and ensure full pre-trial disclosure. The judge can adjourn proceedings for up to 28 days to allow resolution of the dispute through some form of alternative dispute resolution, such as mediation, conciliation or arbitration.