Sukumar Ray A Treatise on The Commercial Courts Act 2015

Size Guide

Please Follow Lawmart Shipping & Delivery Policy - https://www.lawmart.in/shipping_delivery.php

Please Follow Lawmart Return & Cancellation Policy - https://www.lawmart.in/return_cancellation.php

A Treatise on The Commercial Courts Act, 2015

Table of Contents

Part I: Introduction & Background

1. Introduction to Commercial Disputes & Need for Specialized Courts

   • Evolution of commercial dispute resolution in India
   • Challenges in traditional litigation
   • The need for fast-track commercial courts

2. Legislative History & Objectives of the Commercial Courts Act, 2015

   • Background and rationale for the enactment
   • Key features and scope of the Act
   • Amendments & evolution (2018 Amendment, 2020 Rules, etc.)

Part II: Structure & Jurisdiction

3. Establishment & Constitution of Commercial Courts

   • Commercial Courts at district level
   • Commercial Divisions in High Courts
   • Commercial Appellate Divisions

4. Jurisdiction of Commercial Courts

   • Subject-matter jurisdiction: What constitutes a “commercial dispute”?
   • Pecuniary jurisdiction (threshold limits & amendments)
   • Territorial jurisdiction considerations
   • Exclusions from the scope of the Act

Part III: Procedural Framework

5. Filing, Case Management, and Expedited Procedures

   • Strict timelines for pleadings
   • Summary judgment provisions
   • Case management hearings

6. Pre-Institution Mediation & Settlement

   • Mandatory mediation before filing suits
   • Mediation process under the Act & Rules
   • Exceptions to pre-institution mediation

7. Documentary Evidence & Disclosure Requirements

   • Mandatory filing of documents with pleadings
   • Strict adherence to evidentiary timelines
   • Electronic evidence & digitization of proceedings

Part IV: Appeals & Enforcement

8. Appeals & Review under the Act

   • Jurisdiction of the Commercial Appellate Division
   • Scope of appeals and timelines
   • No second appeals: Implications for litigants

9. Enforcement of Commercial Court Judgments

   • Execution proceedings for commercial decrees
   • Cross-border enforcement of commercial judgments

Part V: Impact, Challenges, and Future Trends

10. Impact on Commercial Litigation & Business Environment

    • Effect on ease of doing business rankings
    • Reducing pendency and improving efficiency

11. Judicial Pronouncements & Key Case Laws

    • Landmark Supreme Court & High Court decisions
    • Interpretation of key provisions by courts

12. Comparative Analysis with International Practices

    • Lessons from the UK, Singapore, and US commercial courts
    • Suggestions for further reform in India

Appendices

• Text of the Commercial Courts Act, 2015 (with amendments)
• Relevant Rules & Notifications
• Sample Forms & Templates for Commercial Suits