The Commercial Courts Act: Is It The Solution For Delayed Justice

The Need for the Act

The Indian judicial system today is burdened with lakhs of pending cases, most of which are pending since long periods of time. This high amount of pendency is ascribable to cumbersome procedures, adjournments and attempts by parties to stall proceedings. There are thousands of instances where justice delayed has meant justice denied.

Given that many of the pending civil cases are of a commercial nature, the Indian legislature hopes to rectify the slow disposal of rates of 'commercial disputes' of a 'specified value' by enacting the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act). Additionally through the Act, which provides for speedy disposal of commercial disputes the Government of India hopes to create a positive image of the Indian judiciary in the minds of foreign investors and aims at increasing the ease of doing business in India.