Poor Performance Of The Commercial Courts Act, 2015 Finds Empirical Study
5 years, 6 months ago

Poor Performance Of The Commercial Courts Act, 2015 Finds Empirical Study

Live Law  

In 2015, the Commercial Courts Act, 2015 was introduced to expedite the disposal of high-value commercial disputes. We studied all the order sheets for 450 cases across three fora – The Commercial Divisions at the Delhi and Bombay High Court and the Commercial Court at the Vadodara District Court. While some of these cases were those filed in 2015, others were filed in previous years but were transferred to the Commercial Courts after the enactment of the Commercial Courts Act. While the Act per se has not prescribed an outer limit to the total time taken for the disposal of a commercial case, the Law Commission of India in its 253rd report, commented on how similar commercial fora in other jurisdictions like Singapore and the US, typically disposed commercial cases in under a year, and in extraordinary circumstances under two years. However, in the 450 cases that we studied, case management hearings were not conducted in even a single case at the Bombay and Delhi High Courts.

Delhi Court Bombay High Court Courts Act Two Years Disposal Bombay Vadodara Case Management Hearings Cases Disposed Disposed Cases Commercial Cases  empirical  2015  commercial  cases  disposed  study  disposal  act  court  finds  performance  poor  courts  vadodara  delhi  case

History of this topic

Commercial Courts Have The Power To Permit New Timeline For Submission Of Written Statement In Transferred Cases: Andhra Pradesh High Court
2 years, 11 months ago

Commercial Courts Have The Power To Permit New Timeline For Submission Of Written Statement In Transferred Cases: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently ruled that the Commercial Courts dealing with transferred cases from civil courts have the power to prescribe a new timeline for submission of written statement. Justice C. Praveen Kumar and Justice Ravi Nath Tilhari ruled as follows: "1) where the suit or application has been transferred to the Commercial Court under Section 15 of …

What Constitutes A 'Commercial Dispute' Under Commercial Courts Act, 2015? Calcutta High Court Explains
3 years, 4 months ago

What Constitutes A 'Commercial Dispute' Under Commercial Courts Act, 2015? Calcutta High Court Explains

Live Law  

The Calcutta High Court recently had the opportunity to extensively define what constitutes a "commercial dispute" as contemplated under Section 2 of the Commercial Courts Act, 2015. Opining on the importance of undertaking such an analysis on what constitutes a 'commercial dispute', Justice Moushumi Bhattacharya observed, "Discussion as to what would constitute a "commercial dispute" under the options contemplated in …

Book Review : Commentary on The Commercial Courts Act, 2015 by Sharath Chandran
3 years, 9 months ago

Book Review : Commentary on The Commercial Courts Act, 2015 by Sharath Chandran

Live Law  

The Civil Procedure Code, 1908 deals with the law surrounding procedure in civil disputes in the Country. The Commercial Courts Act, 2015 was enacted by the Parliament to improve and supplement the Civil Procedure Code, 1908 with an objective to cure this defect. The Book, as the title suggests is the author's commentary on the Commercial Courts Act, 2015. The …

[Column] Writs Before Commercial Divisions In High Courts, A Conundrum, Writes Justice Abdul Quddhose
4 years, 5 months ago

[Column] Writs Before Commercial Divisions In High Courts, A Conundrum, Writes Justice Abdul Quddhose

Live Law  

The object of the Commercial Courts Act, 2015 is to improve India's image as an attractive investment destination. Section 17 of the Commercial Courts Act has added to the confusion with regard to the applicability of Writs before the Commercial divisions of the High Courts. Section 17 of the Act requires collection and disclosure of data by Commercial Courts, Commercial …

Commercial Courts Act, 2015 "An Overview"
4 years, 6 months ago

Commercial Courts Act, 2015 "An Overview"

Live Law  

This Act came into force with effect from 23rd Day of October, 2015, and further amended on 3rd May, 2018, with primary objective of adjudication of disputes falling under this Act in a swift time bound manner and lesser hassles to the litigating parties and by introducing minimal interference by the higher courts, when the dispute is pending before the …

Why Commercial Civil Courts Have The Potential To Be And Possibly Are Better Than Domestic Arbitrations
4 years, 8 months ago

Why Commercial Civil Courts Have The Potential To Be And Possibly Are Better Than Domestic Arbitrations

Live Law  

The process of adjudication in domestic arbitrations has always been slow and has not gathered significant pace even with the multiple amendments in the Arbitration and Conciliation Act, 1996. This is primarily since arbitrators and attorneys assisting arbitrators take up multiple matters in courts and multiple arbitrations, whether on the same day or otherwise, the culture is incomprehensibly not "arbitration …

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