Commercial courts in India : three puzzles for legal system reform

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

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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.

Item Type: Article
Uncontrolled Keywords: Courts, Courts system, Commercial courts, Commercial Courts Act 2015, India
Subjects: Social sciences > Law > Civil procedure & courts
Divisions: Azim Premji University > School of Public Policy and Governance
Depositing User: Mr. Sachin Tirlapur
Date Deposited: 01 Sep 2020 05:45
Last Modified: 01 Sep 2020 05:45
URI: http://publications.azimpremjifoundation.org/id/eprint/2376
Publisher URL: https://jils.co.in/wp-content/uploads/2020/08/Comm...

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