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Section 10 Commercial Courts Act 2015: Jurisdiction- arbitration matters

Section 10 (Jurisdiction in respect of arbitration matters) under Chapter II (Commercial Courts, Commercial Appellate Courts, Commercial Divisions and Commercial Appellate Divisions) of the Commercial Courts Act, 2015 —

❝Where the subject-matter of an arbitration is a commercial dispute of a Specified Value and––

(1) If such arbitration is an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that have been filed in a High Court, shall be heard and disposed of by the Commercial Division where such Commercial Division has been constituted in such High Court.

(2) If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that have been filed on the original side of the High Court, shall be heard and disposed of by the Commercial Division where such Commercial Division has been constituted in such High Court.

(3) If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that would ordinarily lie before any principal civil court of original jurisdiction in a district (not being a High Court) shall be filed in, and heard and disposed of by the Commercial Court exercising territorial jurisdiction over such arbitration where such Commercial Court has been constituted.❞



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Notes:

The Commercial Courts Act, 2015 (Act No. 4 of 2016) was amended by:

- the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act, 2018 (No. 28 of 2018) (w.e.f. 3-May-2018).

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