Ladies and Gentlemen: it is my great pleasure to welcome you today to the inaugural meeting of the European Commercial Judges Forum. I am delighted that so many Member States - both existing and prospective - are represented. And I hope that this will be the first in a long and successful series of events devoted to the needs and interests of Commercial Judges across Europe.
An effective system of Commercial Law is central to the development of any market economy. If a country lacks efficient mechanisms for the resolution of commercial disputes, inward investment will suffer. So Commercial Law is an engine for trade. And as international trade within Europe grows - as it will in an enlarged Union - so must our justice systems develop to meet the challenges of increased cross-border commercial litigation. That means minimising those forces that discourage and impede trade, such as unnecessary delay and excessive cost. And - as part of that - it means improving our awareness and understanding of the litigation procedures in fellow Member States. For example, where a Judge in one country is asked to make an Order, he will be better equipped to reach an appropriate decision if he is aware of the effect it will have in other relevant jurisdictions.
That is why this Forum is so valuable. It brings together Judges from throughout Europe under the theme: "New Approaches to the Efficient Management by the Courts of Commercial Litigation". And it provides for the exchange of ideas and experiences on issues of mutual concern. In doing so, the Forum will enable us to learn about - and from - each other's procedural techniques, so helping to enhance the quality of judicial decision-making and to improve the efficiency of commercial dispute resolution.
I am particularly pleased that the venue for this inaugural meeting is London, which is fitting on several levels. Our Commercial Court is one of the world's leading centres for commercial litigation. This reputation is not only a source of great pride to us, but makes a significant, tangible contribution to our economy by making London, and the UK more generally, a commercially attractive and secure place to conduct business of every kind. It is therefore a good example of the positive relationship between an effective system for commercial dispute resolution and a healthy economy. And, since two-thirds of the Court's cases involve parties from outside the UK, it is also illustrative of why Commercial Judges need to be well informed of the procedural rules applied in other jurisdictions, as well as the effects their Orders will have in those jurisdictions.
In addition, recent legal reforms in the UK are testament to how much our legal systems can learn from each other. For example, the 1996 Arbitration Act was the product of unparalleled international consultation. This was vital, because arbitration is often the preferred route in international commercial disputes and if a country wishes to encourage international commercial parties to use its arbitration facilities, the relevant law must be user-friendly. Also, Lord Woolf, in formulating the recommendations that led to our successful Civil Procedure Reforms, investigated and drew upon the procedural systems of many foreign jurisdictions.
So it is clear that all legal systems - from the developing to the highly developed - can benefit from the cross-fertilisation of ideas. This Forum will provide delegates with a good source of new suggestions and fresh perspectives for how to deal with prevalent problems in commercial litigation. The topics you will discuss are highly pertinent to the needs of all EU Courts with a commercial jurisdiction:
The UK Government attaches particular importance to the use of dispute resolution methods other than litigation and has worked hard to promote their growth. The Civil Procedure Rules, introduced in 1999, placed a new duty on the Courts to encourage the use of Alternative Dispute Resolution in appropriate cases. And in March 2001 I announced the Government's Pledge to consider and use Alternative Dispute Resolution in its own disputes, wherever the other party accepts it. In the year following the Pledge, alternative dispute resolution methods were used or attempted in 49 Government cases. And on the information collected so far, that figure has increased to 255 for the period April 2002 to January 2003, showing real progress away from a culture of litigation, towards a culture of settlement.
So let me pay tribute to those responsible for setting up the Forum and devising this excellent programme: Judge Hascher from France; Judge Kirchhof from Germany; Mr Justice Colman from the UK; and Professors Roth and Fletcher from the University of Bonn and University College London respectively.
Improving methods of commercial dispute resolution will facilitate increased European trade and benefit the Union as a whole. So it is appropriate that the Forum has been so well received:
by the European Commission, which has supported the Forum through funding under the Framework Programme for Judicial Co-operation in civil matters;
by my own Department, which I am pleased to say has also provided financial and administrative support;
and by the many delegates here from throughout Europe.
The excellent level of participation promises well for the future of the Forum, and I am delighted to hear that our French colleagues hope to host a second Forum next year in Paris. I hope that in the coming years the Forum will become a regular fixture in the Community commercial calendar.
I am sorry that my other commitments preclude me from staying longer, but I look forward to hearing the outcome of your discussions. So let me wish the Forum every success, and hand over to your moderators for the first session: the Master of the Rolls, Lord Phillips; and Mr Justice Peter Kelly from the High Court of Ireland.