Dhaka: In a landmark move to strengthen trade justice and accelerate the country's economic development, the government has issued the Commercial Court Ordinance, 2026. The ordinance provides for the establishment of Commercial Courts across the country, aimed at increasing investment and ensuring the timely resolution of business disputes.
According to Bangladesh Sangbad Sangstha, the gazette issued last night confirmed that the ordinance will come into effect immediately. Analysts say this initiative is a major step in improving the judicial infrastructure for commerce, a longstanding demand from both domestic and foreign investors.
The scope of commercial disputes covered by the ordinance is extensive, including routine business transactions of traders, bankers, merchants, and financial institutions. It also addresses conflicts arising from the use, interpretation, and enforcement of commercial documents, as well as export and import-related disputes. Specialized coverage extends to transactions involving aircraft, aircraft engines, equipment, helicopters, and their sale, lease, and financing. Disputes from construction projects, infrastructure development, tenders, and commercial property are also under the courts' jurisdiction.
Furthermore, the ordinance encompasses franchising, distribution, licensing, management, consultancy, joint venture agreements, shareholder agreements, partnership contracts, and technology development agreements. It explicitly covers service-sector transactions such as outsourcing and financial services. Intellectual property disputes, including those involving trademarks, copyrights, patents, industrial designs, geographical indications, and domain names, are also addressed.
Additionally, the ordinance governs the use of natural resources, minerals, gas, and the electromagnetic spectrum, as well as insurance, reinsurance, and shipbuilding contracts. Arbitration agreements under the Arbitration Act, 2001, transactions under the Payment and Settlement Systems Act, 2024, and other commercial disputes notified by the government or relevant authorities are included.
In line with the ordinance, Commercial Courts will be established across the country. The appropriate authority will determine the number and territorial jurisdiction of these courts in consultation with the Supreme Court and may adjust this jurisdiction over time as needed. Judges of the Commercial Courts will be appointed from among District Judges and Additional District Judges of the Bangladesh Judicial Service, with preference given to those holding advanced qualifications in commercial law or possessing experience in handling commercial disputes.
The Chief Justice of Bangladesh will constitute one or more Commercial Appellate Benches in the High Court Division to hear appeals and revision petitions against judgments or orders issued by the Commercial Courts. Commercial Courts will have the authority to hear and dispose of all commercial suits and applications within their territorial jurisdiction. However, where other laws limit or exclude civil court jurisdiction, Commercial Courts will not adjudicate such matters.
While appeals are limited to final judgments, revision or review petitions may be filed in accordance with civil procedure. Aggrieved parties have 60 days from the date of the judgment or order to file an appeal or revision petition in the High Court Division.
Experts say the ordinance will reduce backlogs in commercial litigation, ensure faster dispute resolution, and create a more investor-friendly environment. By providing a specialized judicial mechanism for business disputes, it is expected to enhance legal certainty, reduce operational risks, and encourage both domestic and foreign investment.