Judiciary Embraces International Court Best Practices

The Judiciary is actively working to modernise court operations by employing best practices learned from its membership in international court management forums and organisations.

Chief Justice, Hon. Bryan Sykes, emphasised the importance of engaging in discussions with judiciaries from around the world, at a recent JIS Think Tank.

“Our membership in the Standing International Forum of Commercial Courts (SIFoCC), where commercial courts meet roughly every 18 months to share experiences… it is important for our judiciary to participate in those processes, so that we are aware of what is happening in the rest of the world,” he said.

The SIFoCC was established in 2017 and is comprised of some 56 member countries. Judges from the commercial courts in member states convene in different parts of the world for each meeting.

“They have issued what I would say is guidance for appropriate practices in managing commercial cases,” said Justice Sykes.

The Judiciary is also part of the International Consortium for Court Excellence, which focuses on the efficiency and management of courts.

“It has time standards for different aspects of court operations, which we are aiming to comply with,” the Chief Justice added.

Justice Sykes noted, further, that the Judiciary also holds observer status in the International Judicial Dispute Resolution Network, which suggests that judiciaries should consider appropriate methods of dispute resolution beyond litigation.

“This is particularly important in small island states with small economies, because not everyone can afford long, drawn-out litigation, so if you have a mechanism that can bring the parties to agreement much earlier, then we should seek to explore that,” he said.

Mr. Sykes highlighted that in order to achieve this, judges at all levels must develop the necessary skills in alternative dispute resolution methods.

“This is to remind parties that there is always another way other than litigation, and the circumstances may be such that the parties really need each other to function… because you don’t have draws in litigation; you always have a winner and a loser,” the Chief Justice said.

“Sometimes at the end of the litigation, the judge may have written a wonderful judgement, but you have a ruptured relationship, and depending on the nature of the relationship, a business may close down or persons are unemployed. Whereas, if you had another way of resolving it… the parties may have resolved it and then continue in the business relationship,” he added.