In a significant move to enhance the country’s investment environment, the Bangladesh Supreme Court has submitted a proposal to the Ministry of Law recommending the establishment of specialised commercial courts across the country.

According to a media statement, the initiative aims to ensure faster and more efficient resolution of commercial disputes, thereby promoting transparency and strengthening investor confidence—both domestic and foreign—which could accelerate overall economic growth.

The proposal outlines that disputes related to import-export activities, aviation and shipping, construction and infrastructure projects, franchise agreements, distribution and licensing, technology development, trademarks, copyrights, patents, industrial designs, domain names, geographical indications, insurance, partnership agreements, financial institutions, service sectors, and shareholders or joint ventures should fall under the jurisdiction of the proposed commercial courts.

The Supreme Court recommends appointing commercial court judges from among the existing district judges. It also suggests that the Chief Justice form a dedicated Commercial Appellate Bench within the High Court Division to deal with appeals from these courts.

A notable feature of the proposal is the mandatory requirement of mediation prior to filing a commercial case. It is hoped that this will allow many disputes to be settled out of court, thereby reducing the burden on the judiciary.

The proposal sets a monetary threshold, suggesting that cases involving a value of Tk 50 lakh or more be adjudicated in the commercial courts. However, it notes that the government may revise this threshold as needed.

To ensure swift justice, the proposal emphasises that final hearings should be completed within 90 days. It also provides for the possibility of summary trials to avoid unnecessary delays.

The Supreme Court noted that input from various stakeholders was taken into consideration before finalising the proposal.

Stakeholders believe that establishing dedicated commercial courts would mark a new chapter in the resolution of trade and investment-related disputes.

The timely and specialised handling of such cases is expected to increase investor confidence and significantly boost the pace of economic development.