Beefing up the commercial court

In the ongoing debate over the problems in Jamaica's courts, little attention has, understandably, been paid to the commercial side of things. The system is burdened with cases of crime of violence.

But the circumstances are demanding that we move on all tracks at the same time.

Jamaica is now, under its programme with the International Monetary Fund, attempting a major overhaul of its economy, aiming to end over four decades of stagnation. There is much talk of removing red tape and creating a business-friendly environment.

The new bankruptcy law now being reviewed by a parliamentary committee is part of this reform effort. At the same time, the Government wants to transform the island into a global logistics centre. Jamaica also wants to be an international offshore financial centre.

An essential element of any such transformation is not only having the laws to effect the proposed transactions, but to have effective systems for resolving disputes when they arise.

That means having courts that work efficiently. This requires not only physical structures such as courtrooms and attendant facilities, but judges competent in the complexities of the issues and the areas of the law upon which they will be called to adjudicate.

This matter, we find, has been missing in the discourse on Jamaica as a logistics hub. It ought to be placed on the agenda, unless it is presumed we have the skills in sufficiency to do the job.

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