Commercial courts open a new chapter in reform

The establishment of commercial courts marks a significant and timely reform in the justice delivery system of Bangladesh. For years, businesses have struggled with prolonged litigation, mounting backlogs and systemic inefficiencies in resolving commercial disputes. The creation of specialised commercial courts under the Commercial Court Ordinance, 2026 reflects a growing recognition that economic growth and judicial efficiency are closely linked. Under a recent notification, three commercial courts have been established in the Dhaka Metropolis and two in the Chattogram Metropolis. In addition, 70 more courts have been set up in other metropolitan areas and at district level across the country. In total, 75 commercial courts will commence operations nationwide.

One of the most pressing challenges facing the business community is delay in adjudicating cheque dishonour cases under Section 138 of the Negotiable Instruments Act. Although cheque dishonour is a criminal offence, cases often take years to conclude. A dishonoured cheque frequently represents unpaid invoices, resulting in working capital shortages. When enforcement is slow, it undermines trust in commercial transactions and weakens confidence in the use of cheques as reliable instruments of payment.

Beyond cheque dishonour cases, enforcement of commercial contracts in Bangladesh has historically been slow and unpredictable. Civil courts handle a wide range of disputes, and commercial matters compete for limited judicial time and resources. As a result, complex contractual disputes involving supply agreements, shareholder arrangements, construction contracts or banking transactions may take years to reach final resolution. Such delays increase the cost of doing business and create uncertainty in the commercial environment. The introduction of commercial courts is therefore a welcome initiative. By dedicating specific courts exclusively to commercial matters, the judiciary can streamline case management, prioritise business disputes and reduce backlog. Separating commercial cases from general civil and criminal dockets should allow more focused adjudication, faster hearings and greater consistency in decisions.

The establishment of commercial courts is also likely to improve ease of doing business in Bangladesh. One of the most important indicators in global business assessments is the time and cost involved in enforcing contracts. International investors have long expressed concern about delay and unpredictability in the legal system. The perception that disputes may remain unresolved for years has often influenced investment decisions. A specialised and time-bound forum for resolving commercial disputes can address these concerns directly, improving investor confidence and enhancing competitiveness as an investment destination.

However, the effectiveness of commercial courts will depend on the availability of trained and commercially knowledgeable judges. Commercial disputes may involve corporate governance principles, financial instruments, cross-border transactions, insolvency issues and detailed contractual frameworks.

Judges assigned to these courts must possess not only legal expertise but also a sound understanding of commercial realities. Judicial training must therefore be central to this reform. Structured programmes in commercial law, banking law, company law and modern case management practices are essential. Continuous professional development should ensure that judges remain informed about evolving business practices and financial systems. Procedural efficiency is equally important. Commercial courts should adhere to strict timelines, limit unnecessary adjournments and adopt technology for filing and case tracking.

Ultimately, the establishment of 75 commercial courts nationwide has the potential to transform the commercial legal landscape of Bangladesh. By expediting cheque dishonour cases and strengthening enforcement of contracts, these courts can restore confidence in financial transactions, improve the ease of doing business and reassure international investors that Bangladesh is committed to an efficient, reliable and investment-friendly legal system.

The writer is chairman of Unilever Consumer Care Ltd