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Section 10 & 11 Commercial Courts Act

 

10. Jurisdiction Over Arbitration Matters

10.1 International Commercial Arbitration

  • If an arbitration case is about a commercial dispute with a specified value and it is an international commercial arbitration: All applications or appeals under the Arbitration and Conciliation Act, 1996 that are filed in a High Court will be handled by the Commercial Division of that High Court (if such a division exists).

10.2 Other (Domestic) Arbitration at High Court

  • If the arbitration case is not an international commercial arbitration but is filed on the original side (the part of the court where fresh cases are taken up) of a High Court: It will also be handled by the Commercial Division of that High Court (if such a division exists).

10.3 Other (Domestic) Arbitration in District Courts

  • If the arbitration case is not an international commercial arbitration and would normally go before a district-level civil court (not a High Court): All related applications or appeals must be filed in, and will be heard by, the Commercial Court with authority over that area, if such a court exists.

11. Things Commercial Courts Cannot Hear

Bar on Jurisdiction

  • Even with the above powers, Commercial Courts and Commercial Divisions cannot hear or decide cases about commercial disputes if the law removes (“bars”) this power from civil courts.
  • In other words, if any law says a civil court (including commercial courts or divisions) cannot take up a particular kind of case, then the commercial court/division must also say no to such cases.

In summary:

  • Arbitration cases about commercial disputes of a certain value are heard by special courts, depending on their type (international or not) and where the case is filed.
  • However, if another law says that courts cannot hear a certain type of dispute, then commercial courts and their divisions also cannot hear it, no matter what.

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