Organisation Internationale de Droit du Développement
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Commercial Law

Commercial law is one of the main deficit areas in transition economies and in countries seeking to move up the economic value chain. Globalization has vastly expanded the need for competence in this field. A sound knowledge and practice of commercial law facilitates economic integration. It enables poorer nations to secure better terms in international or bilateral trade agreements, and empowers resource-rich ones to handle large foreign investment flows. Where investment is scarce, commercial law capacity encourages it by improving the overall business climate.

Judicial Capacity Building on the New Armenian Code of Civil Procedure

In April 2018, the Republic of Armenia adopted a new version of the Civil Procedure Code with the aim to expedite cases and increase the efficiency of civil courts. As in most transition countries, implementation of the law by courts and officials is weak and uneven. The judiciary needs to become familiarized with the new Civil Procedure Code and its application within a limited timeframe. Hence, it is critical that judges have a firm grasp of the newly adopted rules, especially related to commercial disputes.

Jordan - Strengthening Capacity of National Partners in Economic Laws

With support from the Kuwait Fund for Arab Economic Development, IDLO collaborated with the Judiciary of Jordan from 2019-2020 to enhance the role of economic courts as key drivers of economic growth.

This effort included a comprehensive needs assessment of economic courts, conducted in partnership with legal professionals and business community representatives. The assessment findings informed the development of Jordan’s National Justice Sector Strategy.

Strengthening competition in Mongolia

Legal reform and institutional capacity building have been priorities for the Government of Mongolia since 2005, when a specific Government Agency for Fair Competition and Consumer Protection was established. However, the Government Agency for Fair Competition and Consumer Protection still has institutional weaknesses and has not always been able to effectively implement changes of the legal framework. ​

Judicial training on tax legislation in Bulgaria

After Bulgaria’s accession to the European Union the national tax system underwent significant transformations. Wide-reaching reforms to Bulgarian legal codes - civil, criminal and commercial - were implemented, previously existing legislation was overhauled, and many new areas of legislation were introduced, requiring extensive re-training of the judiciary. To deal effectively with cases relating to tax, judges require a sound understanding of tax matters through ongoing and specialized training.

Judicial training program to improve investment climate in Romania

Bucharest, April 23, 2018 – A new program in Romania will help the country improve its investment climate by building judicial capacity in commercial cases and increasing the uniformity of judicial practice.

“Romanian courts need to be able to tackle economic crime and commercial disputes in an effective and reliable manner to attract sustainable and healthy investment,” said the International Development Law Organization (IDLO), noting the purpose of its new program in the country.

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Key Initiatives

  • The private sector is of central importance for The Gambia, a Least Developed Country where the availability of private capital from foreign and domestic investors is critical to promote sustainable economic growth, increase employment and ensure better living conditions.
  • Serbia has recently implemented several judicial reforms to modernize and improve the regulatory framework for mediation, such as the new Law on Mediation in 2014. By implementing the new legal framework on mediation, the number of registered mediators and of mediation cases in Serbia have both increased. However, the Supreme Court of Cassation still registers an excessive amount of backlogged cases.
  • In April 2018, the Republic of Armenia adopted a new version of the Civil Procedure Code with the aim to expedite cases and increase the efficiency of civil courts. As in most transition countries, implementation of the law by courts and officials is weak and uneven. The judiciary needs to become familiarized with the new Civil Procedure Code and its application within a limited timeframe. Hence, it is critical that judges have a firm grasp of the newly adopted rules, especially related to commercial disputes.
  • Legal reform and institutional capacity building have been priorities for the Government of Mongolia since 2005, when a specific Government Agency for Fair Competition and Consumer Protection was established. However, the Government Agency for Fair Competition and Consumer Protection still has institutional weaknesses and has not always been able to effectively implement changes of the legal framework. ​
  • After Bulgaria’s accession to the European Union the national tax system underwent significant transformations. Wide-reaching reforms to Bulgarian legal codes - civil, criminal and commercial - were implemented, previously existing legislation was overhauled, and many new areas of legislation were introduced, requiring extensive re-training of the judiciary. To deal effectively with cases relating to tax, judges require a sound understanding of tax matters through ongoing and specialized training.
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