Commercial cases involve disputes arising from business or commercial transactions. These cases often relate to contracts, trade, finance, and other business-related matters. The Commercial Courts Act, 2015 in India, and similar legislation in other jurisdictions, establishes dedicated courts or divisions to handle such disputes, aiming for faster and more efficient resolution.
Examples of Commercial Disputes:
•Breach of contract: When one party fails to fulfill their obligations under a commercial agreement.
•Debt recovery: Disputes involving the recovery of money owed in a commercial context.
•Intellectual property disputes: Conflicts related to patents, trademarks, copyrights, and other intellectual property rights.
•Shareholder disputes: Conflicts between shareholders of a company.
•Construction disputes: Disputes arising from construction projects, including contracts and workmanship.
•Franchise disputes: Conflicts related to franchise agreements and the rights of franchisors and franchisees.
•Insurance disputes: Disputes arising from insurance policies, including claims and coverage.
•Partnership disputes: Disputes between partners in a business partnership.
•Real estate disputes: Disputes related to commercial properties, leases, and sales.
•Banking and finance disputes: Disputes involving financial institutions, loans, and other financial transactions.
Key Features of Commercial Courts:
•Specialized Jurisdiction:
Commercial courts are designed to handle disputes of a commercial nature, often with a specified minimum value threshold for cases to be heard.
•Faster Resolution:
These courts are intended to streamline the legal process, aiming for quicker resolution of commercial disputes compared to traditional courts.
•Specialized Judges:
Commercial courts may have judges with specific expertise in commercial law.
•Dedicated Infrastructure:
Some jurisdictions have established dedicated commercial courts with their own infrastructure and resources.
~The Commercial Courts Act, 2015 in India:
Established commercial courts and divisions in High Courts to resolve disputes with a specified value.
Aimed to reduce the burden on traditional courts and expedite the resolution of commercial disputes.
The Act has been amended to lower the minimum value threshold for commercial disputes, increasing access to commercial courts.
Dedicated commercial courts have been established in major cities like Delhi, Mumbai, Kolkata, and Bengaluru.
The allocation of cases to these courts is often automated and transparent.