SC suggests 90-day case disposal in districts in draft law for specialised commercial courts

The government is advancing plans to establish specialised commercial courts, with a draft law prepared under Chief Justice Syed Refaat Ahmed's supervision sent from the Supreme Court to the Law Ministry today (22 September).

An official at the ministry said both the Law Ministry and the Supreme Court are working jointly on the draft. The ministry is aiming for swift enactment. Once approved by the advisory council, the law could be issued as an ordinance with the President's consent.

The draft proposes that the new courts handle a wide range of disputes, including business transactions, banking, financial institutions, imports and exports, air and maritime transport, construction and infrastructure projects, franchising, distribution and licensing, technology development, intellectual property rights, insurance, partnerships, and shareholder or joint venture agreements.

According to the proposal, each district would have one or more commercial courts, headed by a district judge. In addition, separate commercial benches would be formed in both the High Court and the Appellate Division. 

The draft stipulates that cases in district courts should be disposed of within 90 days, appeals in the High Court within six months, and appeals in the Appellate Division within three months.

Bangladesh ranked 168th out of 190 countries in the World Bank's 2020 Ease of Doing Business Index, where the slow resolution of trade disputes was cited as a key factor holding the country back.

The Supreme Court has said the new courts would create an avenue to settle nearly all types of modern business and investment disputes through a dedicated system.

The draft makes mediation mandatory before filing a case, aiming to resolve many disputes outside court and ease the mounting caseload.

It also sets the threshold for cases: disputes valued at Tk50 lakh or above would fall under the jurisdiction of commercial courts, while higher-value cases could go to the High Court. 

The government would retain the authority to revise these thresholds when necessary.

The draft also highlights the importance of developing infrastructure, training judges and lawyers, and providing continuous professional development to ensure effective operation of the courts.

Before sending the draft to the Law Ministry, the Supreme Court gathered stakeholder feedback. 

Earlier this year, regional seminars titled "Judicial Independence and Efficiency in Bangladesh" were organised in Mymensingh, Rangpur, and Khulna by the Supreme Court and UNDP, where judges, lawyers, development partners and other stakeholders discussed the issue.

In addition, UNDP and the Bida co-hosted a seminar in Dhaka with relevant stakeholders. Continuing that effort, another special seminar on the establishment of commercial courts was held in Sylhet on 17 August, jointly organised by the Supreme Court and UNDP.

The final draft, the court said, was prepared after carefully considering opinions gathered from these sessions.