This proposed legislation reflects a forward-thinking approach aimed at improving efficiency, promoting technological integration, and ensuring the swift adjudication of commercial disputes.
1. Creation of Dedicated Commercial Courts:
Recognizing the complexities of arbitration and commercial litigation, the bill proposes the establishment of specialized commercial courts at the district level. These courts will exclusively handle arbitration-related disputes, ensuring that cases are heard by judicial officers with relevant expertise.
This approach not only enhances efficiency but also ensures consistency in the interpretation and application of commercial laws.
2. Integration of Technology:
The amendments underscore the role of technology in transforming judicial processes. They advocate for e-filing of pleadings, digital service of summons, virtual hearings, and electronic issuance of judgments, complete with digital signatures.
These reforms aim to minimize delays caused by logistical challenges and promote accessibility, particularly for parties across jurisdictions.
3. Time-Bound Resolution:
To address concerns of protracted litigation, the bill introduces mandatory timelines:
a. Disposal of injunction applications within 90 days.
b. Conclusion of execution proceedings within 12 months of filing.
These timelines are reflective of the judiciary’s renewed commitment to justice that is not only fair but also prompt.
4. Mandatory Post-Institution Mediation:
By mandating mediation even after filing of suits where an interim relief has been granted or denied, the bill reinforces the importance of alternative dispute resolution mechanisms.
Choose ADROIT as your Expert Advisor!
A-202 Oak Canopy, Trichy Road,
Coimbatore - 641 005,
Tamil Nadu, India.
Post Box 228, Postal Code 211,
Muscat - Oman.
This website has been designed only for the purposes of dissemination of basic information on ADROIT; information which is otherwise available on the internet, various public platforms and social media. Careful attention has been given to ensure that the information provided herein is accurate and up-to-date.
This website is not an attempt to advertise or solicit clients and does not seek to create or invite any lawyer-client relationship. The links provided on this website are to facilitate access to basic information on ADROIT, and, to share the various thought leadership initiatives undertaken by it. The content herein or on such links should not be construed as a legal reference or legal advice. Readers are advised not to act on any information contained herein or on the links and should refer to legal counsels and experts in their respective jurisdictions for further information and to determine its impact.