Rise of Specialized Business Courts: A Growing Trend in Corporate Litigation

Across the U.S., a growing number of states are launching specialized business courts to tackle the unique challenges of commercial litigation. As of mid-2025, this shift is becoming more visible—and for good reason. Businesses are navigating increasingly complex legal landscapes, and traditional courts often struggle to keep up. Specialized business courts are stepping in to fill that gap.

These courts aren't just a niche innovation—they’re changing the way business disputes are resolved. With streamlined processes, expert judges, and a commercial law focus, they offer companies the kind of legal clarity and efficiency that’s hard to find elsewhere.

Why Are Business Courts on the Rise?

Business courts—also called chancery courts or commercial divisions—are designed specifically for resolving issues like:

  • Breach of contract

  • Shareholder disputes

  • Corporate governance matters

  • Commercial fraud

  • Intellectual property conflicts

  • M&A-related litigation

The idea is simple: business disputes often require judges who understand the realities of corporate operations, transactions, and risks. Traditional courts, already backlogged with a wide array of cases, aren’t always the best fit for this kind of litigation. Business courts aim to change that.

States Leading the Way

While Delaware’s Court of Chancery remains the gold standard, many other states are now investing in their own specialized courts. Here are some leading examples:

  • New York: Its Commercial Division has been active since 1995 and continues to be a national model.

  • North Carolina: The Business Court, launched in 1996, is known for its transparent, well-reasoned written decisions.

  • Georgia: Took its business court model statewide in 2020.

  • Texas: Opened a new business court in 2023 with jurisdiction over high-value disputes involving large companies.

  • Utah: Created a Business and Chancery Court Division in 2024, reflecting growing demand in the Mountain West region.

States like Illinois, Florida, and Nevada are piloting or expanding similar programs, signaling that this trend is not slowing down.

What Sets These Courts Apart?

Business courts offer several advantages that make them attractive to both in-house counsel and outside litigators:

  • Specialized Expertise: Judges often have backgrounds in business law, making them better equipped to understand nuanced corporate issues.

  • Faster Resolutions: Smaller dockets and focused procedures lead to quicker outcomes.

  • Consistency and Clarity: Written opinions help establish precedent and reduce legal uncertainty.

  • Alternative Dispute Resolution (ADR): Many business courts incorporate or encourage mediation and arbitration.

Why It Matters for Your Business

If you're running or advising a company that operates in multiple states—or if your work involves high-value deals—these courts can make a real difference. Benefits include:

  • Lower litigation costs due to streamlined procedures

  • Greater predictability in outcomes

  • More informed handling of technical legal issues

As regulatory demands grow and cross-border transactions become more common, having access to a legal system that “gets” business can be a competitive edge.

Global Perspective: How Other Jurisdictions Are Embracing Business Courts

This isn’t just a U.S. phenomenon. Around the world, jurisdictions are establishing their own specialized commercial courts to stay competitive in global dispute resolution.

Dubai (UAE)

Dubai has made a name for itself with the DIFC Courts and ADGM Courts, which use English common law to resolve civil and commercial cases. The DIFC Digital Economy Court, launched in 2022, focuses on disputes involving AI, blockchain, and fintech. These courts are highly digitized and offer remote hearings, making them attractive for global companies.

United Kingdom (England & Wales)

London’s Business & Property Courts consolidate high-stakes commercial cases under one roof. Located in the Rolls Building, these courts handle a significant share of international litigation, although arbitration is increasingly used as an alternative.

European Union

Post-Brexit, EU countries are working to retain international business by launching English-language commercial courts. Notable examples include the Netherlands Commercial Court (est. 2019), as well as similar efforts in France, Belgium, and Germany. These courts aim to provide fast, expert resolution and attract cross-border commercial cases.

Are There Downsides?

While the benefits are clear, specialized courts are not immune to criticism:

  • They may appear to favor corporate interests over broader social concerns.

  • The split from general civil courts can create inconsistencies.

  • They require adequate funding and trained judges to function properly.

Even so, most legal experts agree that business courts serve a valuable role—especially when cases involve sophisticated legal and financial issues.


The rise of business courts is reshaping how companies approach litigation in the U.S. and abroad. These courts provide efficiency, legal clarity, and access to judges who understand the complexities of business. As this model spreads globally, companies have more options than ever to resolve disputes fairly and effectively.

For legal teams, general counsel, and executives, knowing where these courts exist—and how to navigate them—could be the difference between drawn-out litigation and a streamlined resolution. In a world where time, cost, and certainty matter, business courts may be the new normal.


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