As per the Civil Procedure Rule (CPR) part 58 of UK, commercial
claims are described as any claim arising out of transaction of
trade and commerce including any claim relating to contract, export
and import of goods, carriage of goods by land, sea, air or
pipeline etc. In England, Commercial Court is a subdivision of
Queen's Bench Division of the High Court of Justice. There is a
separate court for shipping matters known as Admiralty Court.
In Bangladesh, there is a Single Bench in Hon'ble High Court
Division of Supreme Court of Bangladesh dealing with Admiralty
matters. The jurisdiction of the said Honorable Court is limited to
any claim mostly related to ship and it does not cover claim
entirely based on import & export of goods, international trade
related dispute etc.
The volume of international trade is increasing day by day. At
the same time, disputes and claims arising out of L/C, back to back
L/C, outstanding payment, lose of goods, lose of cargos, short
supply of goods, rejection, discrepancies etc are increasing day by
day with the rapid growth of trade. Timely resolution of commercial
disputes is an essential requirement for economic development.
At present any claim of payment for failure to pay on maturity
date, claim arising under lose or damage of goods, short supply of
goods, payment of freight of the carrier are required to be
recovered by filing money suit in the Joint District Judges Court
or court below. The same learned Courts also deal with Artho Rin
matters; title related disputes, general contractual claims, land
related matters etc, resulting in huge pile up of litigations with
extremely slow progress rate. Generally, from filling till first
hand judgment, a litigator is required to wait from two to six
years in commercial matters.
Besides, handling commercial disputes requires expert knowledge
and experience in international and local trade related laws,
carriage related laws, international convention, INCO terms,
uniform practice rules etc. It is highly unlikely the Court with so
many jurisdictions or powers will be able to develop expertise in
Trade related disputes are mostly based on documents. There is
hardly any need for witness's statement, accordingly those can
be tried summarily based on documents submitted in evidence under
affidavit. The same practice is all ready in place with regard to
writ jurisdiction of Hon'ble High Court Division and also with
Company Bench of the same division.
Accordingly, in order to expedite the disposal of commercial
disputes and claim, it is required that a special commercial bench
may be constituted as a part of High Court Division of Hon'ble
Supreme Court of Bangladesh, comprising a single judge chosen from
the Hon'ble Judges of High Court Division having knowledge and
expertise in dealing with commercial matters. Since any commercial
dispute generally involves banks, local or foreign buyer or seller,
shipping lines, freight forwarder, global banks etc, such step
would certainly help in building confidence of parties involved
while dealing with Bangladeshi entities, as they will know that any
dispute can be resolved or any claim can be settled quickly in
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
This article is part 4 of a quarterly issue covering transport and shipping cases from Australia and around the world.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).