The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act 2018, notified on 21 August 2018, has been made effective from 3 May 2018 to give continued effect to the Ordinance which it replaces.
It provides for the following key amendments to the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act 2015:
Recent judicial pronouncements indicate that the higher judiciary is also focused on effective implementation of the legislative mandate. Some notable examples are:
The 2018 Amendments to the now christened Commercial Courts Act evince the resolute intent of the Central Government to create a more robust framework for speedier disposal of commercial disputes and push the impetus on ‘Ease of Doing business’ in India. The Central Government has, in keeping with principles of federalism, empowered State Governments to appoint judges to the Commercial Court in States with the concurrence of the Chief Justice of the concerned High Court. The State Governments have also been allowed to establish Commercial Appellate Courts in States where the High Courts do not exercise original civil jurisdiction. This will enable the States to provide the best infrastructure and manpower for establishment and functioning of the Commercial Courts and the appellate courts respectively within their jurisdictions.
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