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Commercial Court

Established in February 2016, the Commercial Court aims to increase the efficiency of disposing commercial cases within the Intermediate Court jurisdiction, through:

  • Speedier resolutions
  • Fostering innovation within judicial process
  • Attracting foreign direct investments

This will ensure that cases for both local businesses and foreign investors are handled by an efficient, robust, reliable, and professional legal system. In addition, a court process, namely Case Management Conference (CMC) was introduced, for the court to be proactive in:

  • Ensuring parties abide by set timelines;
  • Narrowing issues;
  • Facilitate in the discussions with the aim of an amicable settlement; and
  • Ensuring that parties comply with court orders and/or directions.

Through the CMC, the court also offers parties the option of an alternate dispute resolution in the form of Mediation. Judicial Officers are trained to become a credited mediator. Currently, there are 6 accredited mediators.

Statistics for Commercial Court as at November 2016; Out of 155 registered cases,

  • 70% of suits arose out of breaches under banking and financial services.
  • The remaining 30% of suits concerned disputes under the sale and delivery of goods, breaches in development projects, breaches in tenancy agreements and sale and purchase of commodities.
  • 77 cases resulted in entry of Judgment in Default of Appearance and/or Judgment in Default of Defense.

Jurisdiction

Commercial Court will hear cases of –

  1. A business document or contract;
  2. The export or import of goods;
  3. Insurance and re-insurance;
  4. Banking and financial services;
  5. The operation of markets and exchanges;
  6. The purchase and sale of commodities;
  7. Business agency.

Note: Existing rules in the RSC (Rules of the Supreme Court Act Chapter 5) and Intermediate Courts Act Chapter 162 shall apply.

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