02/01/2026
The Commercial Court Ordinance, 2026 (Ordinance No. 01 of 2026) was promulgated by the President of Bangladesh on January 1, 2026, to establish specialized courts for the rapid and effective resolution of commercial disputes. This measure aims to boost investment and accelerate the country's economic development.
Key Features of the Ordinance
Establishment and Jurisdiction:
The government will establish an adequate number of Commercial Courts and determine their territorial jurisdictions in consultation with the Supreme Court. These courts will handle disputes including international trade, intellectual property, joint ventures, and construction contracts, excluding matters under the original jurisdiction of the High Court or the Money Loan Court (Artha Rin Adalat).
Judicial Appointment:
Judges will be appointed from the District or Additional District Judges of the Bangladesh Judicial Service, with preference given to those with specialized training or higher education in commercial law.
Legal Procedures:
* While following the Code of Civil Procedure, 1908, the Ordinance introduces "Suit Management" hearings to identify issues and streamline the trial process.
Mandatory Pre-suit Mediation:
Cases not involving urgent interim relief must undergo mediation before being filed in court.
Timelines:
Trials must generally be completed within 90 days of the final hearing date.
Appeals and Revision:
Appeals against final judgments must be filed with the Commercial Appellate Bench of the High Court Division within 60 days.
Technology and Infrastructure:
The Ordinance mandates the use of information technology for virtual hearings, filing cases, and issuing summons. Statistics on pending and settled cases must be updated monthly on the Supreme Court website.
Conflict of Laws
This Ordinance holds precedence over other laws; any inconsistent provisions in existing laws will be considered void to the extent of their inconsistency regarding commercial disputes.