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ARTICLE · 02 SEPTEMBER 2020

Amendments To The Indian Commercial Courts Act

On 3rd May 2018, an ordinance amending the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, ("Act") was promulgated.

IndiaLitigation, Mediation & Arbitration

Introduction

On 3rd May 2018, an ordinance amending the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, ("Act") was promulgated. The ordinance makes important changes to commercial litigation in India and comes into force with immediate effect but applies only to proceedings instituted after the commencement of the ordinance.

The significant changes are:

Specified value: The ordinance enables the State Government to extend the Act to matters valued above INR Three Lakhs (USD5,000 approx), whereas earlier it only applied to matters above One Crore (USD150,000 approx).

Establishment of new commercial courts: State governments are now authorized to establish distinct commercial courts at the level subordinate to that of a High Court, even in places where a High Court is a court of first instance.

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The above is a generic analysis and should not be regarded as a substitute for specific advice based on the facts of a client’s objectives and specific commercial agreements reached. Please do reach out to us at [email protected] for any queries.

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