• Research/Scholar Paper name – Commercial Courts: An alternative to Commercial Arbitration?
  • Author: Anushka Kumari
  • Institution: NMIMS School of Law, Mumbai
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 29/12/2021

Abstract:

Law Commission of India took cognisance of the need to set up a judicial mechanism for the expeditious and efficient disposal of commercial disputes with a view to encourage and ensure business ease in India. Therefore, in the 188th Law Commission Report, the commission proposed setting up of Commercial Division in High Courts which would facilitate the disposal of high-value commercial disputes. The Law report had highlighted that such divisions would prove to be a “stable, certain and efficient dispute resolution mechanism”, which would consequentially further the economic growth and improve the justice delivery image of the Indian Judiciary. In light of such concentrated efforts taken by the government for the improvement of the judicial structure when it comes to commercial disputes, the viability and efficiency of Arbitration for such commercial disputes has come under scrutiny. Therefore, this paper aims to analyse and compare the efficiency of both these mechanisms and elucidate the relevance of Arbitration.

Commercial Courts: An alternative to Commercial Arbitration?

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