Pillsbury Winthrop Shaw Pittman

New York creates rocket-docket for commercial disputes — but accelerated adjudication comes with trade-offs

By Eric Fishman, Andrew C Smith and Shriram Harid

As of 2 June, the Commercial Division of the New York Supreme Court will allow for the accelerated adjudication of commercial disputes. Rule 9 of Section 202.70(g) of the Uniform Rules for the Supreme and County Courts has now taken effect, requiring litigants who consent to this accelerated process to be trial-ready in no more than nine months. The caveat is that parties who avail themselves of this option must also agree to limit discovery and irrevocably waive certain procedural rights and objections.

Rule 9 gives commercial parties the chance to avoid costly and protracted litigation, thereby ensuring that New York remains an attractive venue for commercial dispute resolution.

Parties may express their consent to this accelerated adjudication process by using specific triggering language in their contracts. Rule 9 provides the following model language for such a contractual provision…

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