Commercial courts bill applies to 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), judges of Commercial Courts and High Courts, and parties involved in commercial disputes meeting the 'Specified Value' threshold (minimum one crore rupees). It applies to the whole of India except the State of Jammu and Kashmir.

• Constitution of Commercial Courts by State Governments after consultation with the High Court.
• Creation of Commercial Divisions and Commercial Appellate Divisions in High Courts.
• Definition of 'commercial dispute' includes 22 categories such as mercantile documents, export/import, IP rights, insurance, and construction contracts.
• Establishment of a 'Specified Value' threshold of at least one crore rupees (or higher as prescribed) for jurisdiction.
• Judges of Commercial Courts must be qualified as District Judges with commercial dispute experience or have 7 years of relevant judicial/legal experience.
• Nomination of High Court judges to Commercial Divisions for a period of two years.
• Bar on 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.
• Power of the Central Government to make rules and collect data from these courts.

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