The Emergence of International Commercial Courts in India: A Narrative for Ease of Doing Business?

Abstract

India’s liberal globalised order ushered increased focus on the regulation of international commerce, and especially dispute resolution. There have been concerns related to enforcement of contracts, although a concern largely owing to the insufficiencies of the legal systems, especially relating to the institutional structure. Commercial Courts –international and domestic – have been an interesting option witnessing much traction. This research attempts to critique the comparable strengths and the reform spaces within the Indian legislation on commercial courts. It parses the status of commercial dispute resolution in India, especially in the context of cross-border contracts and critiques India’s attempt to have specialised courts to address commercial dispute resolution.

Keywords: commercial contracts, enforcement, jurisdiction, specialised courts, India