REFORMA POLSKIEGO PRAWA SPÓŁEK „W DZIAŁANIU”. O POTRZEBIE UTWORZENIA WYSPECJALIZOWANYCH SĄDÓW KORPORACYJNYCH

In this paper I argue for the establishment of specialised corporate courts in Poland. There is a sharp contrast between the growing specialisation and territorial concentration of private legal services (large “departmental” law firms) and the principle of territoriality applicable in the organisation of the provision of public legal services (viz. in the Polish judiciary). Te increasing divergence between its “business” and “consumer” segments, characteristic of today’s legal market in Poland, has not been sufficiently addressed in the development of the country’s judicial system. This discrepancy has no functional justification, yet it may be explained by the dierent mechanisms operating in the private and public services (respectively microeconomics and public choice theory). The remarkably strong territorial concentration of legal services (law firms) for business entities is even higher than the concentration of companies, especially of the large listed ones (clients), and these two figures contrast with the relatively even territorial distribution of public legal services for business (business courts). Te consequence of this contrast is an unequal distribution (inux) of corporate cases sent to the various geographical locations in the country. At the same time, corporate disputes constitute only a small fraction of all business cases sent to the courts, which is another hindrance impeding specialisation.