Commercial Courts Act governs domestic arbitration forum; designation of Civil Judge (Senior Division) as Commercial Court was upheld.

Under the Commercial Courts Act, 2015, domestic arbitration applications and appeals that would ordinarily lie before the principal civil court of original jurisdiction are to be heard and disposed of by the Commercial Court where constituted. As the later special enactment, the Act operates notwithstanding inconsistent provisions in other laws, and Sections 10, 15 and 21 support transfer and disposal of pending arbitration-related commercial matters before the designated Commercial Court. Read together with the Arbitration and Conciliation Act, 1996, the Commercial Courts Act governs forum selection for such disputes. The notification designating Courts of Civil Judge (Senior Division) as Commercial Courts for arbitration matters was therefore valid, and the Section 2(1)(e) challenge failed.

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Issues: Whether, under the Commercial Courts Act, 2015, the State Government could validly designate Courts of Civil Judge (Senior Division) as Commercial Courts to hear applications and appeals arising out of domestic arbitration, notwithstanding the definition of "Court" in Section 2(1)(e) of the Arbitration and Conciliation Act, 1996.

Analysis: The object of the Commercial Courts Act, 2015 is the speedy disposal of commercial disputes, including arbitration-related disputes. Section 10 specifically deals with arbitration matters and provides that applications and appeals arising out of domestic arbitration which would ordinarily lie before the principal civil court of original jurisdiction shall be filed in and heard and disposed of by the Commercial Court where constituted. The Act of 2015 is a later enactment, and Sections 15 and 21 reinforce that pending arbitration-related commercial matters are to be transferred to, and disposed of by, the Commercial Court, with the Act operating notwithstanding anything inconsistent in other laws. Reading the two statutes together, the later special regime under the Commercial Courts Act governs the forum for such commercial arbitration matters and does not leave Section 10 without effect.

Conclusion: The notification designating the Court of Civil Judge (Senior Division) as a Commercial Court for arbitration matters was valid, and the challenge based on Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 failed.

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