Ensuring expeditions commercial justice

Amid a series of new laws and initiatives introduced recently by the interim government to ease public suffering and speed up the delivery of justice, the proposed Commercial Courts Ordinance 2025 stands out as a potentially transformative measure. It comes at a time when the country's judiciary is buckling under the weight of around 4.65 million pending cases, creating delays that affect nearly every sector. The pressure is particularly severe in the commercial sector where more than 308,000 registered companies must rely on only two High Court Division benches to resolve corporate disputes. This mismatch between demand and capacity has produced prolonged delays that disrupt business operations and dampen investor confidence. Additionally, the limited court capacity allows some businesspeople and corporate entities to exploit the system, initiating disputes not primarily to seek justice but to gain strategic advantage through the extended resolution process. This situation exemplifies the principle that justice delayed is justice denied. In this context, the proposed ordinance offers a practical solution to the long-standing backlog in commercial dispute resolution, a flaw that has weakened both the economic and legal systems, provided it is passed and executed properly. By establishing a distinct and specialised structure, the ordinance addresses this flaw directly and affirms that commercial disputes require focused attention rather than treatment as ordinary cases within an already overburdened general court system.

The ordinance, now awaiting presidential assent, mandates the creation of dedicated commercial courts at the district level to be presided over by experienced district and sessions judges. To ensure a swift appellate process, the Chief Justice is empowered to constitute one or more commercial appellate benches within the High Court Division of the Supreme Court. The legislation also sets ambitious yet necessary timelines, with the Commercial Appellate Court endeavouring to dispose of appeals within six months and the Appellate Division of the Supreme Court aiming to resolve further appeals within three months. Complementing this structure is the provision for summary judgment after the framing of issues, a procedural tool that allows courts to swiftly conclude cases where material facts are not in dispute.

Apart from judicial efficiency, the proposed ordinance carries significant economic implications as well that reinforce the case for reform. As noted by the immediate past Chief Justice in a recent seminar, the quality of a nation's judiciary has emerged as a core economic indicator in an increasingly globalised world. Investors, both domestic and foreign, value certainty more than incentives, seeking assurance that contracts will be enforced and disputes resolved within a reasonable timeframe. In this regard, the detailed jurisdiction outlined in the draft ordinance reflects a clear understanding of modern commercial realities, covering banking, insurance, trade, transport, aviation, construction and infrastructure among others, with scope for future expansion through notification. Clear provisions on pecuniary jurisdiction, claim valuation and appeal timelines further strengthen predictability and legal certainty.

However, the success of the Commercial Courts Ordinance will ultimately depend on execution rather than aspiration. Appointing district and sessions judges as commercial court judges will require targeted training and continuous capacity building to ensure consistency and technical competence. The necessary support in terms of staffing, court infrastructure and digital systems will also be crucial, as new courts without adequate resources risk replicating the very delays they are meant to overcome. If these concerns are addressed, the ordinance would not only help restore confidence in the country's justice system but also strengthen Bangladesh's standing as a dependable place for business where legal certainty supports economic activity rather than holding it back.