The Commercial Courts Act, 2015 in 10 points

The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

1. District level courts, except the places where the High Court has original side jurisdiction (there is commercial division)

2. “commercial dispute” means a dispute arising out of––

(i) ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents;

(ii) export or import of merchandise or services;

(iii) issues relating to admiralty and maritime law;

(iv) transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including sales, leasing and financing of the same;

(v) carriage of goods;

(vi) construction and infrastructure contracts, including tenders;

(vii) agreements relating to immovable property used exclusively in trade or commerce;

(viii) franchising agreements;

(ix) distribution and licensing agreements;

(x) management and consultancy agreements;

(xi) joint venture agreements; (xii) shareholders agreements;

(xiii) subscription and investment agreements pertaining to the services industry including outsourcing services and financial services;

(xiv) mercantile agency and mercantile usage;

(xv) partnership agreements;

(xvi) technology development agreements;

(xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits;

(xviii) agreements for sale of goods or provision of services;

(xix) exploitation of oil and gas reserves or other natural resources including electromagnetic spectrum;

(xx) insurance and re-insurance;

(xxi) contracts of agency relating to any of the above; and

(xxii) such other commercial disputes as may be notified by the Central Government.

3. No civil revision application or petition shall be entertained against any interlocutory order of a Commercial Court /division,

4. All matters related to arbitration will be dealt with commercial court / division.

5. Appeal to be filed within 60 days of order

6.  Appeal(s) to be disposed within 6 months from the date of filing such appeal

7. All pending commercial suits, applications (including under the Arbitration and Conciliation Act, 1996), relating to commercial dispute will transfer to respective, commercial court /division.

8. Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed.

9. Parties can approach for summary judgment

10. First Case Management Hearing, not later than four weeks from the date of filing of affidavit of admission or denial of documents by all parties. 

 

Raja Mani.K 
on 01 June 2016
Published in Corporate Law
Views : 1316
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