“Commentary on the Commercial Courts Act, 2015” offers a comprehensive and analytical exposition of the landmark legislation aimed at streamlining the resolution of high-value commercial disputes in India. Enacted to enhance the ease of doing business and ensure faster adjudication, the Act introduces a specialized framework for commercial litigation and emphasizes procedural efficiency, case management, and time-bound trials.
This commentary provides:
Section-wise analysis of the Commercial Courts Act, 2015 (as amended by the 2018 and 2022 Amendments)
In-depth discussion on the classification of commercial disputes, pecuniary jurisdiction, and hierarchy of commercial courts
Explanation of pre-institution mediation, case management hearings, summary judgments, and strict timelines for procedures
Integration of provisions with the Civil Procedure Code, 1908 as modified for commercial matters
Practical insights into court practice, filing processes, and formats
Landmark judgments from High Courts and the Supreme Court interpreting key provisions
Comparative view of commercial litigation frameworks in the UK, Singapore, and international arbitration jurisdictions
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Background and Objective of the Act
Need for Speedy Disposal of Commercial Disputes in India
Salient Features of the Commercial Courts Act, 2015
Amendments to the Act – 2018 and 2022 Explained
Commercial Courts and the Ease of Doing Business Index
Section 1 – Short Title, Extent, and Commencement
Section 2 – Definitions
"Commercial Dispute", "Specified Value", "Commercial Court", etc.
Section 3 – Constitution of Commercial Courts and Commercial Divisions
Section 4 – Jurisdiction and Bar on Civil Courts
Section 5 – Transfer of Pending Suits
Section 6 – Jurisdiction in Commercial Courts at District Level
Section 7 – Jurisdiction of Commercial Division of High Court
Section 8 – Bar Against Revision Applications and Review
Section 9 – Appeals from Commercial Courts
Section 10 – Pre-Institution Mediation and Settlement Mechanism
Section 11– Power to Issue Directions for Training and Continuous Education
Section 12 – Power to Make Rules and Notifications
Section 13 – Transitional Provisions and Savings
Overview of CPC Amendments under the Schedule of the Act
Strict Timelines for Written Statement, Replication, and Framing of Issues
Disclosure, Discovery, and Inspection – New Compliance Regime
Case Management Hearings (Order XV-A CPC)
Summary Judgment Procedure (Order XIII-A CPC)
Time-bound Disposal and Cost Regime (Order XX CPC)
Affidavit of Evidence and Examination-in-Chief Norms
Determining ‘Specified Value’ and Appropriate Jurisdiction
Drafting Suits, Written Statements, and Interim Applications in Commercial Courts
Pre-Institution Mediation – Process, Rules, and Exceptions
Role of Commercial Court Registries and E-Filing Requirements
Interim Relief and Injunctions in Commercial Disputes
Key Judgments Interpreting ‘Commercial Dispute’
Judicial Views on Limitation, Transfer of Suits, and Appeals
High Court and Supreme Court Decisions on CPC Amendments
Precedents on Case Management, Summary Judgments, and Cost Sanctions
Comparative Overview: UK Commercial Courts, Singapore International Commercial Court (SICC), and ICC Arbitration
Challenges in Implementation and Recommendations
Judicial Training, Infrastructure, and Institutional Reforms
| Rahul Kandharkar Commentary on the Commercial Courts Act, 2015 |
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