New bill aims to speed up dispute resolution

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The Commercial Division of High Courts Bill, 2009, was recently passed by the lower house of the Indian parliament and has been referred to a select committee for further discussions by the upper house.

The bill is based on the 188th report of the Law Commission of India, 2003, and provides for the establishment of a specialist commercial division in each high court in India dedicated to dealing with certain commercial disputes.

These commercial divisions will work to achieve the speedy disposal of disputes which have a specified value of not less than Rs50 million (US$1.08 million), or higher amounts as notified by the central government in consultation with the relevant state government.

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The legislative and regulatory update is compiled by Nishith Desai Associates, a Mumbai-based law firm. The authors can be contacted at nishith@nishithdesai.com. Readers should not act on the basis of this information without seeking professional legal advice.