All Subordinate Judges Courts in the State of Kerala are designated commercial Courts under The Commercial Court Act of 2015 for the purpose of adjudication of ‘ Commercial disputes’ of value not less than Rs. 10,00,000 /- . Commercial Disputes of which the value is less than Rs.10,00,000/- are dealt by Munsiff Courts.
The Commercial Division of the High Court Kerala hears and disposes original petitions on commercial disputes under specific laws , matters international arbitration etc
The commercial Appellate Division of High Court hears appeal on the order passed by Commercial Court at the level of a District Judge or by the Commercial Division of the High Court of Kerala.
The commercial dispute means a dispute arising from:
i) Ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents;
(ii) Export or import of merchandise or services;
(iii) Issues relating to admiralty and maritime law;
(iv) Transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters including sales, leasing and financing of the same;
(v) Carriage of goods;
(vi) Construction and infrastructure contracts, including tenders;
(vii) Agreements relating to immovable property used exclusively in trade or commerce;
(viii) Franchising agreements;
(ix) Distribution and licensing agreements;
(x) Management and consultancy agreements;
(xi) Joint venture agreements;
(xii) Shareholders agreements;
(xiii) Subscription and investment agreements pertaining to the services industry including outsourcing services and financial services;
(xiv) Mercantile agency and mercantile usage;
(xv) Partnership agreements;
(xvi) Technology development agreements;
(xvii) Intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits;
(xviii) Agreements for sale of goods or provision of services;
(xix) Exploitation of oil and gas reserves or other natural resource;
(xx) Insurance and re-insurance;
(xxi) Contracts of agency relating to any of the above; and
(xxii) Such other commercial disputes as may be notified by the Central Government.
Explanation – A commercial dispute shall not cease to be a commercial dispute merely because:
(a) it also involves action for recovery of immovable property or for realization of monies out of immovable property given as security or involves any other relief pertaining to immovable property;
(b) one of the contracting parties is the State or any of its agencies or instrumentalities, or a private body carrying out public functions.