Dhaka: With an aim to make the investment environment more dynamic and transparent by resolving commercial disputes quickly and effectively, the Supreme Court (SC) today sent a proposal to the law ministry for establishing Specialized Commercial Courts across the country.
According to Bangladesh Sangbad Sangstha, steps are being taken to establish specialized commercial courts as part of judicial reforms to handle commercial disputes in a timely manner, said a SC release issued by its Public Relations Officer (PRO) Md Shafiqul Islam today. The specialized courts will address issues such as general transactions of businessmen, banks, financial institutions, and merchants to import-export activities, aviation and shipping, construction and infrastructure projects, franchise agreements, distribution and licensing, and technology development.
The release further detailed that disputes related to trademarks, copyrights, patents, industrial designs, domain names, geographical indications, insurance and partnership agreements, financial institutions, service sectors, and shareholders or joint ventures will fall under the jurisdiction of the proposed courts. The proposal includes appointing judges for commercial courts from among the district judges, alongside setting up a commercial appeal bench in the High Court Division by the Chief Justice.
The SC has also proposed mandatory mediation before filing any case, noting that if the value of any commercial case or application is Taka 50 lakh, it will be adjudicated in the commercial court. The government retains the ability to adjust this value limit as needed. The final hearing must be completed within 90 days, with provisions for a summary trial to prevent unnecessary delays.
For appeals, the Commercial Appellate Court aims to resolve cases within six months, and the SC Appellate Division within three months. Additionally, the proposal emphasizes the development of necessary infrastructure for the establishment and functioning of commercial courts, as well as training for judges and lawyers, and continuous professional development.
Before sending the proposal to the law ministry, it was finalized after consultation with stakeholders from various sectors.