Monday, December 14, 2015

Meaning of Commercial Disputes as Secion 2 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015

2. (1) In this Ordinance, unless the context otherwise requires,- (c) "commercial dispute" means a dispute arising out of-
(i) ordinary transaction of merchants, bankers, financiers and trade such as those relation to mercantile documents, including enforcement and interpretation of such documents;
 (ii) export or import of merchandise or services;
 (iii) issues relating to admiralty and maritime law;
 (iv) transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including sales, leasing and financing of the same;
(v) carriage of goods; (vi) construction and infrastructure contracts, including tenders;
 (vii) agreements relating to immovable property used exclusively in trade or commerce;
 (viii) franchising agreements;
(ix) distribution and licensing agreements;
 (x) management and consultancy agreements;
 (xi) joint venture agreements;
 (xii) shareholders agreements;
(xiii) subscription and investment agreements pertaining to the service industry including outsourcing services and financial services;
 (xiv) mercantile agency and mercantile usage;
(xv) partnership agreements; (xvi) technology development agreements;
 (xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits;
 (xviii) agreements for sale of goods or provision of services;
 (xix) exploitation of oil and gas reserves or other natural resources including electromagnetic spectrum; (xx) insurance and re-insurance;
 (xxi) contracts of agency relating to any of the above; and
 (xxii) such other commercial disputes as may be notified by the Central Government. Explanation.- A commercial dispute shall not cease to be a commercial dispute merely because- (a) it also involves action for recovery of immovable property or for realisation of monies out of immovable property given as security or involves any other relief pertaining to immovable property; (b) one of the contracting parties is the State or any of its agencies or instrumentalities, or a private body carrying out public functions.