In a landmark move to strengthen trade justice and accelerate economic development, the government has promulgated the Commercial Court Ordinance, 2026, providing for the establishment of specialised Commercial Courts across the country.
The ordinance, published in a gazette late last night, takes effect immediately. Analysts say the move responds to a long-standing demand from domestic and foreign investors for a faster, more efficient judicial framework to resolve business disputes and improve the investment climate.
The ordinance defines a broad range of commercial disputes, covering routine business transactions involving traders, bankers, merchants and financial institutions. It also includes disputes arising from the use, interpretation and enforcement of commercial documents, as well as matters related to export and import activities.
Its jurisdiction extends to specialised transactions involving aircraft, aircraft engines, equipment and helicopters, including their sale, lease and financing. Disputes related to construction and infrastructure projects, tenders, and immovable property used for commercial purposes also fall within its scope.
The law further covers franchising, distribution, licensing, management and consultancy agreements, joint ventures, shareholder and partnership contracts, and technology development agreements. Service-sector transactions such as outsourcing and financial services are explicitly included.
Intellectual property disputes are addressed in detail, encompassing trademarks, copyrights, patents, industrial designs, geographical indications and domain names.
In addition, the ordinance governs disputes involving the use of natural resources, minerals, gas and the electromagnetic spectrum, as well as insurance and reinsurance contracts and shipbuilding agreements. Arbitration agreements under the Arbitration Act, 2001, transactions regulated by the Payment and Settlement Systems Act, 2024, and other commercial matters notified by the government or relevant authorities are also covered.
Under the ordinance, Commercial Courts will be established nationwide. The appropriate authority will determine the number and territorial jurisdiction of these courts in consultation with the Supreme Court and may revise these arrangements as needed.
Judges will be appointed from among District Judges and Additional District Judges of the Bangladesh Judicial Service, with preference given to those holding advanced qualifications in commercial law or possessing experience in handling commercial disputes.
The Chief Justice of Bangladesh will constitute one or more Commercial Appellate Benches in the High Court Division to hear appeals and revision petitions against judgments or orders issued by the Commercial Courts.
Commercial Courts will have the authority to hear and dispose of all commercial suits and applications within their territorial jurisdiction, except where other laws expressly limit or exclude the jurisdiction of civil courts. Appeals will lie only against final judgments, while revision or review petitions may be filed in accordance with civil procedure.
Experts say the ordinance is expected to reduce backlogs in commercial litigation, ensure faster dispute resolution and create a more predictable, investor-friendly legal environment. By introducing a specialised judicial mechanism for business disputes, the reform is likely to enhance legal certainty, reduce operational risks and encourage both domestic and foreign investment.
Source: BSS
Bd-pratidin English/ Jisan
