This is an archive article published on November 13, 2017
Law ministry mulls change in commercial courts law
The proposed change will enable the state governments in these places to designate a commercial court with pecuniary jurisdiction not less than Rs 3 lakh and not more than Rs 1 crore.
New Delhi | Updated: November 13, 2017 05:47 AM IST
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The amendment will help them take up more cases and reduce pendency in the long-run.
The Union Law Ministry is mulling an amendment to enhance the pecuniary jurisdiction of commercial courts to enable them to take up disputes of specified value of Rs 3 lakh or more.
Currently, these courts which were constituted under ‘The Commercial Courts, Commercial Division and Commercial Appelate Division of High Courts Act, 2015’ can only take up disputes where the specified value is not less than Rs 1 crore.
The amendment will help them take up more cases and reduce pendency in the long-run.
The government is also likely to amend section 3 (1) of the Act, which prohibits constitution of commercial courts for the territory over which high courts have ordinary original civil jurisdiction. This prevented the formation of such courts in Delhi, Chennai, Kolkata and Himachal Pradesh.
The proposed change will enable the state governments in these places to designate a commercial court with pecuniary jurisdiction not less than Rs 3 lakh and not more than Rs 1 crore.
Official sources said the Centre is also working on a Bill to take over the undertakings of the International Centre for Alternate Dispute Resolution (ICADR) and replace it with Indian Arbitration Council “for creating an independent and autonomous region for institutionalized arbitration”.
This follows a report by a committee headed by Justice (retired) B N Srikrishna that stated the ICADR had failed to address the growing needs of institutional arbitration. The panel had recommended takeover of the undertakings of ICADR without adversely affecting its character as a society.
Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry.
He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More