Delaware's Business Courts: Litigation Leadership‪.‬

1. INTRODUCTION Many corporations have come to view courts as unwieldy, unpredictable purveyors of justice in the field of business litigation. But a mass exodus from the courts is not the answer; it is counter-productive for long-term business interests. The courts are uniquely equipped to address corporate concerns, and Delaware's court system provides a model that largely addresses modern corporate worries about courtroom litigation. Delaware's courts offer litigants a forum with an extensive and well-developed jurisprudence that creates predictability and expediency in adjudication, allowing for efficient business planning. Delaware's independent judiciary is essential to securing these values, and its practice of appointing judges and maintaining a balance of power between political parties on its high court has yielded dividends in both the expertise and independence of its judiciary. Delaware's continued preeminence in corporate law is contingent on not only the perception but the reality that the Delaware judiciary is engaged in principled decisionmaking. Corporations should not turn away from courts as dispute-resolution mechanisms, and Delaware provides a blueprint for how to succeed in bringing corporations back to the courts.