Krishnaswamy, Sudhir and Aithala, Varsha Mahadeva
(2020)
Commercial courts in India : three puzzles for legal system reform.
Journal of Indian Law and Society, 11 (1).
pp. 20-47.
ISSN 2277-5552
Abstract
Are commercial courts in India effective? This paper attempts to answer
the question by reviewing the performance of the commercial courts set up
under the Commercial Courts Act, 2015 using quantitative and qualitative methods, nearly four years after the 2015 Act was introduced.
When we re-evaluate the utility of the commercial courts in terms of
whether they have lived up to their expectations, using the Delhi High
Court as a live example and through court observations of the commercial
court in Bengaluru, we note with concern that the objective of speedy and
effective justice for commercial matters has not been achieved. On the
contrary, we show that justice delivery for commercial matters has slowed
down since the 2015 Act came into force.
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