ThePrint Opinion Counting On Law: 10 years since enactment, has Commercial Courts Act delivered its promise?
Nov 5, 2025
In this engaging discussion, Bhargavi Zaveri-Shah, a legal researcher focusing on dispute resolution in India, dives deep into the Commercial Courts Act, ten years after its enactment. She highlights that over 60% of suits remain unresolved after two years, questioning the Act's effectiveness. Bhargavi analyzes court data from the Bombay High Court, revealing that disposal times for commercial suits have not improved. She discusses the litigation culture, incentives for delays, and the need for dedicated benches, emphasizing that mere legislation isn't enough for real progress.
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Why The Commercial Courts Act Was Passed
- India historically struggled to enforce contracts, with enforcement taking about four years in major cities.
- The Commercial Courts Act aimed to create dedicated commercial courts to speed up commercial dispute resolution and boost commerce.
Commercial Suits Still Slow To Resolve
- Data from the Bombay High Court shows commercial suits still take about four years to dispose and have marginally increased.
- Regular suits are disposed roughly a year earlier than commercial suits, so the Act hasn't sped commercial case disposal.
Pending Cases Persist Across Buckets
- Duration-bucket analysis shows similar proportions of commercial and regular suits remain pending at one, three, and five years.
- After five years, a higher share of commercial suits remain pending compared to regular suits.