New Procedural Rules in New York’s Commercial Division: A Focus on Technology Disputes and Extrajudicial Referees

The New York Commercial Division has recently implemented important revisions to its procedural rules, highlighting a specific focus on technology-related litigation and the utilization of extrajudicial referees for the resolution of commercial disputes.

Effective as of February 14, 2024, these amendments are intended to position the Commercial Division as a premier venue for adjudicating technology disputes and to promote the use of referees for the resolution of commercial disagreements. These changes are aimed at enhancing the jurisdiction’s attractiveness for complex business disputes and underscoring the existing capabilities of the Commercial Division.

Following a period of public commentary in the autumn of 2023, Chief Administrative Judge Joseph Zayas issued Administrative Order AO/77/24, which introduced an amendment to Section 202.70(b)(1) pertaining to technology disputes, along with a new Rule 9-b to Section 202.70(g) concerning the appointment of extrajudicial referees. While these revisions serve as important reminders of the Commercial Division’s authority over technology-related disputes and the availability of procedures for appointing extrajudicial referees, they do not entail significant alterations to the existing practices before the Commercial Division.

Despite not entailing substantial direct changes, these amendments signify a clear endeavour by the New York Commercial Division to adapt to the evolving landscape of commercial disputes, particularly those involving technology, and to provide efficient and effective resolution mechanisms.

In addition to the dissemination of these procedural updates, the Commercial Division continues to affirm its position as a preferred venue for complex business disputes, further solidifying its reputation as a leading institution for resolving commercial matters in the state of New York.

As the legal landscape continues to evolve, it is imperative for judicial institutions to keep pace with the changing nature of commercial disputes, particularly those related to technology. By updating its procedural rules, the New York Commercial Division is demonstrating its commitment to providing a fair and robust framework for handling such disputes.

For those seeking to remain informed about the latest legal developments, it is essential to subscribe to reputable publications and sources to stay abreast of the latest news, information, and events in the legal field. Being mindful of changes in procedural rules and regulations, particularly in jurisdictions where business is conducted or legal disputes are anticipated, is crucial.

In conclusion, the recent updates to the procedural rules of the New York Commercial Division reflect its ongoing efforts to adapt to the changing landscape of commercial disputes, particularly with a focus on technology-related litigation and the utilization of extrajudicial referees. These updates aim to reinforce the jurisdiction’s appeal for resolving complex business disputes and affirm its commitment to providing effective and efficient resolution mechanisms.

For those interested in delving further into these updates, the full article is available in the New York Law Journal.