The Reform of the Palestinian Judiciary: The Commercial Courts as an Example
The event brought together a select number of members of the Palestinian legal community, including specialists in commercial cases, and law students. Having welcomed the audience, Dr. Asem Khalil, Dean of the BZU Faculty of Law and Public Administration, highlighted significance of IoL-sponsored legal encounters and effective role in consolidating the legal environment in Palestine.
Initiated by Commercial Law students, Dr. Khalil said that this particular event would assist in reforming the judicial system in Palestine.
On behalf of the BZU Faculty of Law students, Fayha’ ar Rimawi asserted the need to invigorate the youth role in development of the legal environment in Palestine by launching similar initiatives. A specialised commercial court should be formed to examine commercial disputes, enhancing investors’ trust of a fair, effective and efficient Palestinian judicial apparatus.
Highlighting significance of this encounter, Mr. Farid al Jallad, Chief Justice and Chairman of the High Judicial Council (HJC), stated that improvement of the Palestinian judicial system is a priority task, which the justice sector, including all components, is seeking to materialise, ultimately enhancing the Palestinian legal environment. Chief Justice Jallad explained that development of the Palestinian judicial system should take account of available national resources.
According to Chief Justice Jallad, to form a specialised commercial court is a key priority. To this avail, specialised judges should be trained to adjudicate commercial cases. Targeted legislation will also be enacted to regulate and set jurisdiction of this court. Chief Justice Jallad indicated that the HJC would be willing to establish a joint committee, including BZU Faculty of Law students, to initiate practical steps to put the prospective legislation into effect.
Recently, the Palestinian Judicial Authority has realised the need for specialised judicial branches, including a focus on commercial and bank-related cases. The HJC has already started to establish specialised judicial bodies. Now, dedicated chambers are functioning within courts, delivering disposition of specific cases, including labour disputes and juvenile delinquency cases. This development has markedly contributed to summary adjudication and saving of time and effort.
Dr. Ali Muhanna, Minister of Justice, articulated his vision of establishing a specialised commercial court: “Palestine has seen an extraordinary experience and is, therefore, in of extraordinary instruments to overcome challenges to further development.” Dr. Muhanna inquired how well current Palestinian capacities would be capable of creating an enabling environment to promote investment. “What role does the Palestinian Judicial Authority play in attracting foreign investments? How can judicial practice improve investors’ trust of the Palestinian justice sector?”
Dr. Muhanna explained that the idea of setting specialised courts has emerged recently. These would provide effective, summary case disposition ‒ an impediment which has long affected litigation process in Palestinian courts. In reality, this challenge has weakened legal positions, undermined case value, and debilitated significance of public and private deterrence. Against this backdrop, Dr. Muhanna emphasised that specialised judicial actors should be in place to adjudicate certain cases, thereby reducing the backlog of cases examined by judges on a daily basis as well as speeding up case disposition. Case value would also be maintained, and so would public and private deterrent effect.
Mr. Khalil Rizq, Chairman of the Ramallah and El Bireh Chamber of Commerce and Industry, said that a specialised commercial court would support the Palestinian economy and promote investment. Commercial cases necessitate a summary adjudication. Mr. Rizq asserted that the Palestinian legal system has lately seen major developments, particularly in relation to economic legislation. Mr. Rizq concluded that a specialised commercial court “is now a compelling need. It will boost the Palestinian economy sector and enhance foreign investor trust and confidence.”
In conclusion, Dr. Mohammed ‘Ureiqat, Professor of Commercial Law at the BZU Faculty of Law and Public Administration, stated that a specialised commercial court would greatly help support the Palestinian economy. Dr. ‘Ureiqat stressed that chambers of commerce and industry should be duly represented in this prospective court.
This legal encounter was organised with support from Konrad Adenauer Stiftung ‒ Ramallah Office.
