♤ Exclusion

o Breach of confidentiality disputes has not been included in the definition of

“Commercial Disputes”, which are really common in this era of competition.

♤ The qualification that the immovable property must be used exclusively in trade or commerce could raise debates as to whether the property must have been in use for trade or commerce before an agreement is entered into or whether it would also cover agreements entered into for the purpose of using immovable property for the first time for commercial purposes.

♤ Having the same pecuniary value limit for all High Courts does not take into account the variable factor in such dispute cases.

♤ Conflict with regular courts

o Keeping in mind the Act’s objective to reduce pendency, one must recognize the need for appointment of more judges.

o There is overlapping jurisdiction of the Commercial Divisions proposed for in the five High Courts exercising original jurisdiction.

o The transfer of pending cases in civil courts to these Commercial Court/Divisions may lead to practical and logistical difficulties.

o The Act also does not provide for a statutory right to appeal to the Supreme Court from an order of the Commercial Appellate Division.

The Act does not provide for any new or technologically advanced method of conducting the court procedures. For example, the suggestions of e-filing, video conferencing of witness and

use of latest technology will go a long way in making these courts at par with the systems being followed in some countries.