Adjudicating Business and Commercial Disputes: Fixing Failures
10 Pages Posted: 3 May 2021 Last revised: 4 Jun 2021
Date Written: April 26, 2021
Adjudicating business and commercial disputes often requires judges to interpret complex and intersecting specialized bodies of law. In the United States, for example, these disputes frequently involve intersecting provisions of the Uniform Commercial Code (“UCC”) and the Bankruptcy Code. Courts of general jurisdiction sometimes err in deciding these disputes. This article presents conspicuous examples of these errors, cautioning parties to be aware of this heightened potential for failure and examining possible remedies, including utilizing specialized business courts and/or creatively involving specialized business-law counsel.
Keywords: Business, Commercial, Bankruptcy, Universal Commercial Code, UCC
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