Whether Commercial Courts Ordinance 2015 can be construed as a special enactment concerning subject matter of arbitral disputes?

We have no hesitation in concluding that the Ordinance can by
no stretch of imagination be construed as a special enactment concerning the
subject matter of arbitral disputes. Rather the said Ordinance is a law giving
birth to a class of ordinary Courts of the land exclusively reserved for the
adjudication of commercial disputes of the specified value. The fact that
incidental reference to arbitral disputes has been made therein does not
clothe the said Ordinance with the status of a special law qua arbitration.
This would require sub-Section 1 and sub-Section 2 of Section 10 of the
Ordinance to be read down and the words ‘Commercial Appellate Division’
to be read as ‘Commercial Division’ concerning applications or petitions
against which an appeal lies under Section 37 of the Arbitration and
Conciliation Act, 1996.
IN THE HIGH COURT OF DELHI AT NEW DELHI
 Date of Decision : December 10, 2015
 OMP (I) (Comm.) 16/2015
ASCOT ESTATES PVT. LTD. 
versus
BON VIVANT LIFE STYLE PVT. LTD. .
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
Dated;DECEMBER 10, 2015

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