To read the article on the IBA Website, click here. The alternative dispute resolution mechanism of arbitration has been widely preferred by the parties owing to its accessibility and expedited procedures. In recent years, this preference has also extended to the sectors of commercial- and construction-related disputes, whether domestic or international. With an open option to mutually decide on the method, the dispute adjudicator, the applicable laws or even the place, arbitration has developed the reputation of actually serving its purpose of attaining an amicable settlement of disputes. However, owing to such a high number of decisions which have to

To read the article on Mondaq, click here. I. The Ban List: CPC, 1908 provision not applicable to Commercial Suits filed under the Commercial Courts Act, 2015 The Commercial Courts Act, 2015 (“Act of 2015”) is an improvement over the Code of Civil Procedure, 1908 (“Act of 1908”) in respect of commercial disputes. This Act is a handmaid to the Act of 1908 to provide speedy disposal of commercial suits. Various amendments have been made to the Act of 1908 in furtherance of the objectives of the Commercial Courts Act. Commercial suits are those where cause of action is arising

To read the article on Mondaq, click here. II. Order XI : Disclosure Discovery and Inspection of Documents in Suit before the Commercial Division of A High Court or a Commercial Court The Order XI of Civil Procedure Code applicable to commercial disputes of specified value as introduced by the Commercial Courts Act, 2015 is different from the Order XI of Civil Procedure Code applicable to other Civil Disputes in material ways. This order has 7 rules divided into sub-rules and sub-sub-rules as opposed to 23 rules in the Order XI applicable to other civil suits. A brief, Rule-wise discussion

To read the article on Mondaq, click here. III. Order XIII-A: SUMMARY JUDGMENT Introduction A summary procedure of pronouncing judgment has been introduced through the addition of Order XIII-A applicable to the commercial suits of specified value. 1 It may be mentioned here that commercial suits involve monetary litigation between parties to a commercial contract and involve complex questions of facts and law often times requiring special attention of the Court. So far the remedy of summary procedure was available under Order XXXVII most commonly known as ‘Suits for Recovery’ where the lis involved recovery of amount due on a