Commercial Court Lawyer in Delhi / India

Our major area of litigation practice is commercial litigation. We have a very effective and separate team for commercial litigation lawyer in Delhi. The legislation of “The Commercial Courts Act, 2015 has proven a game changer litigation. In India, Establishment of commercial courts has speedup the commercial litigation. Its new and effective substitute of exorbitant and expensive arbitration proceedings. The Commercial Courts Act has had a significant impact on the resolution of commercial disputes in India. The legislation is enacted by the Indian government to establish specialized commercial courts in order to address commercial disputes efficiently and promote ease of doing business, with the aim to expedite the resolution of commercial disputes and enhance the overall investment climate in India. Prior to the enactment of the Commercial Courts Act, commercial disputes were generally dealt with by regular civil courts, resulting in delays and inefficiencies in the resolution process. Recognizing the need for a dedicated mechanism to address commercial disputes, the Indian government introduced theCommercial Courts, Commercial Appellate Courts, Commercial Division and Commercial Appellate Division, commonly referred to as the Commercial Courts Act.

By establishing specialized commercial courts, introducing time-bound procedures, and encouraging the use of ADR mechanisms, the Act has contributed to the expeditious and effective resolution of commercial disputes. It has also helped create a more favorable business environment by reducing litigation-related uncertainties and delays, thereby promoting ease of doing business in India.

The Act applies to commercial disputes of a specified value, which are defined as disputes arising out of ordinary transactions of commerce, including those relating to mercantile documents, partnerships, disputes related to maritime law, aviation, infrastructure, immovable property, franchising, intellectual property rights, insurance, and other commercial contracts. The Act also covers cases of commercial arbitration, international commercial arbitration, and commercial disputes involving the government. The commercial courts has the jurisdiction to deal with dispute exceeds Rs. 3,00,000/-.

The commercial court act, also empower the five High Courts of India i.e. High Court of Delhi, Bombay, Madras, Calcutta and Himachal Pradesh to exercise the original civil jurisdiction. The disputes exceeds Rs. 1,00,00,000/- shall be entertain by the original civil jurisdiction of the High Court in the above five states. The Act mandates the establishment of commercial courts at the district level, as well as commercial divisions in High Courts. These specialized courts are equipped to handle complex commercial matters and are staffed with judges possessing expertise in commercial law. The courts must adopt the code of civil procedure, 1908, along with the amended Schedule of the Commercial Court, Act

One of the primary objectives of the Act is to expedite the resolution of commercial disputes. To achieve this, the Act sets strict timelines for various stages of the litigation process. The Commercial Courts are required to dispose of cases within a period of six months from the date of filing, which may be extended by a further period of six months in exceptional circumstances. Appellate courts are also expected to dispose of appeals within six months.

It offers pre-litigation mediation between the Parties. It mandates that the parties must explore the possibilities of the mediation to resolve their commercial disputes before approaching court/initiating litigation except the suit which does not require any urgent interim relief. If the counter party fails to appear or the mediation process fails then the party may approach the commercial court.

The mediation process must be completed within the period of three months from the date of filing of the application. However, further two month period may also be granted, in case required.

Jurisdiction in respect of arbitration matters. – Where the subject-matter of an arbitration is a commercial dispute of a Specified Value and If such arbitration is an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that have been filed in a High Court, shall be heard and disposed of by the Commercial Division where such Commercial Division has been constituted in such High Court.

Where the subject-matter of an arbitration is a commercial dispute of a Specified Value and If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that have been filed on the original side of the High Court, shall be heard and disposed of by the Commercial Division where such Commercial Division has been constituted in such High Court.

Where the subject-matter of an arbitration is a commercial dispute of a Specified Value and If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 that would ordinarily lie before any principal civil court of original jurisdiction in a district (not being a High Court) shall be filed in, and heard and disposed of by the Commercial Court exercising territorial jurisdiction over such arbitration where such Commercial Court has been constituted.

Summer Gudgement:

The commercial court may also pass an order for summary judgement conditional or unconditional upon the filing of the application for summary judgement by any of the party without recording oral evidence, (only after the summons have been served to the defendant and issue has not been framed), only if the court satisfy himself that the plaintiff or the defendant has no real prospect in succeeding his claim/case. “Commercial court lawyer in Delhi”.