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Court Administration
Courts are normally the last resort for resolving commercial disputes, but when they come into play, they may be the only resort. Consequently, they are fundamental for ensuring the overall integrity of the conflict resolution systems. Properly understood, court administration—how a court operates—is a system, not an event. The proper execution of that system is of vital importance to not only the protection of an entity’s interests, but also of the attractiveness of a country, region, city, and town as a place to do business.
The state of court administration in the Philippines is promising. A stable legal architecture exists to manage and resolve cases, with supporting institutions to aid in implementation. However, ineffective implementing institutions hamper the efficacy and efficiency of this legal system. At the same time, there has been a recent push toward non-court resolutions of disputes, mediation, and commercial arbitration. Any reform of the court administration process in the Philippines should attempt to close the gap between how the Philippine legal system presents itself on paper and how the system actually operates for those who engage the judiciary.
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