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Necessity of commercial court in Bangladesh 

Published : Thursday, 6 February, 2025 at 12:00 AM  Count : 566
MS Siddiqui
Part 1
Business law is a complex area of law. The subject requires in-depth and specialized knowledge as well as practical experiences. In course of transactions, Businesses or companies are involved in a dispute and these are generally known as commercial dispute. These disputes are related to transactions between merchants, bankers, financiers, traders, etc. and also include disputes in relation to shareholders agreements, mercantile documents, partnership agreements, joint venture agreements, intellectual property rights, insurance, etc.

Commercial litigation is different from most other civil lawsuits by virtue of the involvement of businesses rather than just individuals, and because the issues involved are very specialized and typically more complex, both factually and legally. The nature of dispute settlement can be resolve through special commercial court under special laws and rules. The litigants also expect, and needs, commercial disputes to be resolved quickly, predictably, consistently and economically. Despite legally and factually complex disputes, business dispute should resolve with consistency and conformity to business transaction an culture of particular sector. Other goals include ensuring that legal disputes will be handled efficiently, competently, and predictably, and that businesses involved in litigation continue operations with minimal interruption.
The enactment of the Commercial Courts Act is a step in the right direction in enabling the speedy disposal of commercial disputes of specified value. The speedy and efficacious enforcement of contracts, recovery of monetary claims and award of just compensation for damages suffered are absolutely critical to encourage investment and economic activity. The scope of Commercial Court is very wide. It deals with all the aspect of business from the formation of the company, such as:

Enactment of the Commercial Courts Act is a step in the right direction in enabling the speedy disposal of commercial disputes of specified value. The speedy and efficacious enforcement of contracts, recovery of monetary claims and award of just compensation for damages suffered are absolutely critical to encourage investment and economic activity. The scope of Commercial Court is very wide.

The formation, governance, dissolution, or liquidation of a company; The rights or obligations liability, or indemnity between or among the owners, shareholders, officers, directors, managers, trustees, partners, or members of a business entity, or rights and obligations between or among any of them and the business entity; Trade secret, non-disclosure, non-compete, or employment agreements involving a business entity and an employee, owner, shareholder, officer, director, manager, trustee, partner, or member of the business entity; Disputes between or among two or more business entities or individuals as to their business activities relating to contracts, transactions, or relationships between or among them, including without limitation the following:

The purchase, sale, lease, or license of; a security interest in; or the infringement or misappropriation of patents, trademarks, service marks, copyrights, trade secrets, or other intellectual property; The purchase or sale of a business entity, whether by merger, acquisition of shares or assets, or otherwise; The sale of goods or services by a business entity to a business entity; Non-consumer bank or brokerage accounts, including loan, deposit, cash management, and investment accounts; Performance guarantee /bonds and obligations of individuals given in connection with business transactions; The purchase, sale, lease, or license of or a security interest in commercial property, whether tangible or intangible personal property or real property; Franchise or dealer relationships; Business related torts, such as claims of unfair competition, false advertising, unfair trade practices, fraud, or interference with contractual relations or prospective contractual relations; Cases relating to or arising under Competition Law; Cases relating to securities or relating to or arising under securities laws; Commercial insurance contracts, including coverage disputes; Other issues, subject to acceptance of jurisdiction over the matter by the Commercial Court Judge, cases otherwise falling within the general intended purpose of the Commercial Court wherein the parties agree to resolve the dispute from the Commercial Court. Intellectual property cases; An appeal or application for judicial review of a regulatory decision where the judge considers that the appeal or application is appropriate for entry in the Commercial litigations and others.

The main goals of Commercial Courts are to provide early, comprehensive case management to avoid business interruption during pending litigation. The Commercial Courts have special characteristics of (1) different structures that will help all court users by improving court efficiency; (2) allow business and commercial disputes to be resolved with expertise, technology, and efficiency; (3) enhance the accuracy, consistency, and predictability of decisions in business and commercial cases; (4) enhance economic development by furthering the efficient, predictable resolution of business and commercial law disputes; and (5) employ and encourage electronic information technologies, such as e-filing, e-discovery, telephone/video conferencing, and also employ early alternative dispute resolution interventions, as consistent with national and international laws and conventions.

The importance of Commercial Courts is enormous. Commercial Court is for: (1) establish judicial practices that will help all court users by improving court efficiency; (2) allow commercial disputes to be resolved efficiently with expertise and technology; (3) enhance the accuracy, consistency, and predictability of judicial decisions in commercial cases; (4) enhance economic development by furthering the efficient resolution of commercial law disputes; and (5) employ and encourage electronic information technologies, and (6) early alternative ADR interventions. (To be continued)

The writer is a former Non-Government Adviser, Bangladesh Competition Commission, Legal Economist & CEO, Bangla Chemical


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