Demystifying the commercial court act, 2015 and commercial court rules: empowering business litigation

Research Article
Adv. Sanjay Sarraf
DOI: 
http://dx.doi.org/10.24327/ijrsr.2023.1406.0687
Subject: 
Law
KeyWords: 
Commercial Court Act and Rules
Abstract: 

The article discusses the Commercial Court Act and Rules, which are essential legal instruments that govern commercial litigation. It explores the importance of specialized courts and rules in effectively resolving commercial disputes. The Act and Rules aim to expedite dispute resolution, enhance expertise in commercial matters, and promote investor confidence.

The article highlights the merits of the Commercial Court Act and Rules, including efficient resolution of disputes, specialization and expertise, consistent outcomes, and investor confidence. It also acknowledges the demerits, such as potential procedural complexity, challenges in implementation, backlog of cases, and limited access to justice for small businesses.

Case studies and examples showcase successful implementations of the Act and Rules in various jurisdictions, demonstrating their practical impact. Notable commercial disputes resolved under these legal instruments further illustrate their effectiveness.

The article concludes by recommending continuous improvements, such as simplifying procedures, providing training and support, enhancing accessibility, utilizing technology, and conducting regular evaluations. These measures can refine the Act and Rules, ensuring they address challenges and meet the evolving needs of commercial litigation.

In summary, the Commercial Court Act and Rules significantly impact commercial litigation by providing specialized procedures and expertise. The article emphasizes the importance of balancing the merits and demerits, implementing improvements, and continuously refining the Act and Rules to foster an efficient, fair, and accessible commercial court system.