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A critical look at the Commercial Courts Act: Govt must avoid misadventures

The Bill was decried for setting up "5-star or 7-star courts" favouring rich litigants over poorer ones

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Misadventures like the establishment of redundant commercial courts are unlikely to either salvage the economy or alleviate systemic challenges in the justice system

Ameen JauharVaidehi Misra
In 2015, the enactment of the Commercial Courts Act marked the culmination of a decade-long debate on commercial courts. A recent independent study explores its legislative history, and evaluates its impact on commercial litigation in India.
 
The 188th report of the Law Commission (2003) was the seminal document on this issue, triggered by growing international criticism of the Indian justice system. According to judges in the US and the UK, inordinate delays faced by litigants in Indian courts were egregious enough to leave such claimants without an adequate remedy. Consequently, in several cases, these judges appropriated jurisdiction over civil