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Enforcing Contracts and Resolving Insolvency: Training and efficiency in the judicial system

Author: Doing Business
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Overview

The case study on enforcing contracts and resolving insolvency examines the education and training that judges receive worldwide. It highlights that training of judges facilitates the prompt resolution of trials and can lead to better quality judicial decisions. Training can act as an essential conduit for the introduction of new laws, methods and practices to the judiciary. The case study also features specific examples of two judicial systems – Indonesia and the United Arab Emirates – with adequate education and training frameworks in commercial and insolvency matters for judges.

Main findings

  • Judicial training programs can improve judicial performance. Specialized training and continuous learning on commercial law and practice allow the competent judge to make better, more informed decisions.
  • Economies with training programs for judges perform better and are closer to the frontier as measured by the Doing Business resolving  insolvency indicators
  • Specialized judicial education and training are critical to guaranteeing the efficiency and quality of court processes.
  • As law and litigation have grown more complex in recent decades, the need for specialized judges has increased.
  • In an ever-changing business world, judges’ knowledge must be kept current on the rapidly-evolving business regulatory environment