Commercial courts to cover all India except Jammu and Kashmir
This Bill establishes specialized Commercial Courts, Commercial Divisions in High Courts, and Commercial Appellate Divisions to adjudicate commercial disputes. It aims to create a dedicated judicial framework for handling specific types of business and trade-related legal matters.
The Bill affects State Governments (which constitute the courts), High Courts (which constitute divisions and nominate judges), District Judges (who may be appointed as Commercial Court judges), and parties involved in commercial disputes of a 'Specified Value' (minimum one crore rupees) including merchants, bankers, traders, and entities involved in the listed commercial activities.
- Constitution of Commercial Courts by State Governments in consultation with High Courts.
- Creation of Commercial Divisions and Commercial Appellate Divisions within High Courts.
- Definition of 'Commercial Dispute' covering 22 specific categories such as mercantile documents, export/import, IP rights, and construction contracts.
- Establishment of a 'Specified Value' threshold of at least one crore rupees for jurisdiction.
- Judges for Commercial Courts must have experience in commercial disputes or specific legal qualifications.
- Bar against filing civil revision applications or petitions against interlocutory orders of Commercial Courts; challenges must be raised in appeal against the final decree.
- Mandatory transfer of suits to Commercial Courts if a counter-claim in a commercial dispute meets the Specified Value.
- Amendments to the Code of Civil Procedure, 1908, for application to commercial disputes.
Written from the document by AI, and checked against it. The original below is authoritative.
The original document
Document details
| Official title | THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS BILL, 2015 |
| Source body | Parliament of India — Bills (Lok Sabha & Rajya Sabha) |
| Reference number | XXV |
| Status | closed (bill) |
| Year | 2015 |
| Closing date | — |
| Documents | 1 |