Adjudicating Business and Commercial Disputes: Fixing Failures

10 Pages Posted: 3 May 2021 Last revised: 4 Jun 2021

See all articles by Steven L. Schwarcz

Steven L. Schwarcz

Duke University School of Law

Nicole Phillips

Duke University School of Law

Date Written: April 26, 2021

Abstract

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

Suggested Citation

Schwarcz, Steven L. and Phillips, Nicole, Adjudicating Business and Commercial Disputes: Fixing Failures (April 26, 2021). Duke Law School Public Law & Legal Theory Series No. 2021-26, Available at SSRN: https://ssrn.com/abstract=3834427 or http://dx.doi.org/10.2139/ssrn.3834427

Steven L. Schwarcz (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
919-613-7060 (Phone)
919-613-7231 (Fax)

Nicole Phillips

Duke University School of Law ( email )

Durham, NC
United States

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