In the Name of Allah Almighty_ the Most Merciful the Most by chenmeixiu

VIEWS: 7 PAGES: 45

									  In the Name of Allah Almighty, the Most Merciful the Most Compassionate

           Law of the Principles of the Commercial Courts

                                Part One
                            General Regulations

                                Chapter One
                                Introduction
Article 1: Resolving all those disputes that arise with commercial transactions is
the duty of three courts and is subject to the provisions of this law.

Article 2: None of these Commercial Courts can resolve a lawsuit directly
unless one of the parties has requested the case to be resolved based on the
provisions of this law.

Article 3: The Commercial Courts are obliged to resolve the commercial
lawsuits in accordance with the Commercial Legal Principles of this law.

Article 4: No one from the officials or government organs can altar the orders
and decisions of the Commercial Courts or restraint its execution unless it is a
court above it and specified in that law.

Article 5: If a lawsuit is referred or filed with a Commercial Court and based on
the provisions of this law, the case belongs to other courts; the court then should
issue a ruling that resolving this lawsuit is not the duty of this court.

                                   Chapter 2
                                  Jurisdiction

Article 6: Considering the provisions of this chapter, the commercial lawsuits
shall be resolved in a court where the defendant resided legally. If there are
several defendants and one plaintiff or several disputes (but related to each
other), the lawsuit should be filed with the court related to one of defendants’
residence.

Article 7: A Legal Residence is a place that a person willingly chooses for
his/her permanent residence.



Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                    Page 1 of 45                         Printed: June 24, 2011
Article 8: A lawsuit could be filed in a court where the contract has been made,
provided that the defendant or his legal attorney lives in the same place.

Article 9: The court which has jurisdiction over a primary case may resolve the
counterclaim.

Article 10: Those people, who do not have legal residence in Afghanistan, file
the lawsuit with a court that has jurisdiction over their place of residence. If their
residence is unknown, the claim shall be filed with the court that has jurisdiction
over the defendants’ property, sureties or disputed property otherwise the claim
shall be filed with Primary Commercial Court of Kabul.

Article 11: If a legal or real person has agents in different places, the claims
related to transactions of the agents shall be filed with the court of real or legal
person or agent/agency residence. Insolvency claims are exception.

Article 12: Those claims that corporations and commercial institutions file
against the members through their dealings or a member against other members
through commercial dealings are lodged in those Courts where the commercial
institutions and corporations have legal residence.

Article 13: Compensation claims that arise due to the insurance protocols shall
be filed with the Courts where the property is located, in case the insured
property is immovable. If the insured property is movable, the claim shall be
filed with the Court where the property has been damaged or the protocol has
been expired.

Article 14: If a party to the lawsuit has objections over the powers of the court
that adjudicates the case, then the objection should be presented to the same
court before the proceedings starts if not then it is assumed that he/she has
accepted the Court’s authority.

Article 15: If differences arise between the Commercial Courts over the
adjudication of a lawsuit or if it considers that it is in its jurisdiction, the
Supreme Court then decides that which court has the jurisdiction.




Commercial Procedure Code                                         Prepared by: Humayun Shinwari
                                      Page 2 of 45                          Printed: June 24, 2011
                                Chapter Three
     Reasons for the Rejection of the Members of the Commercial Courts

Article 16: Each member of the Commercial Courts could be restrained from
adjudicating a lawsuit in the following conditions:
   1- If the lawsuit is over someone who is a wife or first or second degree
      relative to the member.
   2- If the executor or attorney in the lawsuit is mother, son, daughter or
      grandchild. The second degree relatives are grandfather/mother, uncle,
      brother, sister, brother’s offspring, sister’s offspring, father in law, mother
      in law, brother and sister in laws.
   3- If one of the party in the lawsuit is executor or attorney.
   4- If he/she has expressed his/her belief in the lawsuit as a member of the
      jury, judge, expert or witness.
   5- If another lawsuit has been filed in an another court between the member
      of the court and the plaintiff or if there are clear signs of hostilities or
      positives reasons amongst them.

Article 17: The request for voluntary withdrawal should be written in a paper
where the reasons for such action are mentioned clearly and explicitly. The
plaintiff or the defendant, who wants the voluntary withdrawal, should present
to the Court the necessary documents, at least 48 hours prior to the holding of
the first session.

Article 18: The moment the request for a voluntary withdrawal reaches the
Court it is recorded in the office of the court and a copy is immediately given to
the other party. If the member finds the reasons for the withdrawal in accordance
with the provisions of the court, then he/she is bound to abstain from the
adjudication of the lawsuit and inform in written the court about his/her
abstaining the lawsuit.
If the member finds that the rejection of the case is not in accordance with the
law, then the court jury, without that person who demands the rejection,
considers the rejection of the lawsuit in its next session and decides about its
acceptance or rejection.

Article 19: If the text of the jury of the court is incomplete without the member
whose rejection has been demanded, then the court considers the request for the
rejection and issues its decision.

Article 20: If the Court jury accepts the rejection request then the rejected
members cannot participate in the adjudication of this lawsuit.



Commercial Procedure Code                                        Prepared by: Humayun Shinwari
                                     Page 3 of 45                          Printed: June 24, 2011
Article 21: If the Court Jury does not accept request for the rejection, then those
who requested for the rejection, are fined for a cash of one to two thousand
Afghanis.

Article 22: No appeal can be filed in the Court of Appeal or the Supreme Court
against the ruling of the court about the rejection.

                                Chapter Four
                            Capacity of Both Parties

Article 23: Sane, adult and un-interdicted persons are able to file a lawsuit and
they could be defendant.

Article 24: Any party from both sides, which claims the inability of the other
side, are bound to present necessary legal documents and reasons to the court, in
order to prove their claim. Other than Commercial bankruptcy, the documents
should have passed all legal stages in relevant courts.

Article 25: The real persons who do not have the capacity of article 23 and the
legal persons including Government Departments and Government Enterprises
under the Municipalities can get the status of plaintiff and defendant through
their legal representatives.

                                 Chapter Five
                            Attorneys for both sides

Article 26: Any person, who has the capacity to file a lawsuit, can file and
prosecute a lawsuit in a Commercial Court personally or through an attorney
who has been chosen by the person independently.
Legal representatives too have this right.

Article 27: The generalization or specialization of an attorney’s authorities,
regarding a person or an issue, must be explicitly mentioned in the power of
attorney’s letter.

The power that has been bestowed upon an attorney is generally implemented in
all stages of the trial unless the client himself/herself limits these powers of
attorney in a specified stage or stages.

Article 28: The attorney is bound to handover his/her original or duplicate
power of attorney letter for preservation in the file of the lawsuit to the relevant
Commercial Court, which in principle, has been formulated in a legal or
Commercial Court.

Commercial Procedure Code                                       Prepared by: Humayun Shinwari
                                     Page 4 of 45                         Printed: June 24, 2011
The power of attorney letter of the professional lawyers is the one that have been
signed by competent authorities and sent to the court.

Article 29: If a client chooses to remove or sometimes depose his/her lawyer or
if the lawyer chooses to quit from the attorneyship, they are bound to inform the
court and the opposite party, three days prior to the holding of the court session
so that in both cases the issue of resignation and removal are registered in the
Lawsuit Registry Book of the court. Other than the above conditions, the
resignation and deposal are effective only when the judge finds the resignation’s
and deposal’s arguments rational and orders the recording of the resignation or
deposal in the Lawsuit Registry Book of the court.

Article 30: In case of deposal or resignation of a lawyer, the relevant court
informs the client to be prepared for pursuing the lawsuit himself/herself or
through a new lawyer within the period allotted by the court. If it does not
happen then decision shall be taken in the absence of the person.

Article 31: If a lawyer dies or is being stopped from proceedings, then the client
is bound to hire another lawyer or pursue the filed lawsuit himself/herself within
the period allotted by the court.

Article 32: Those power of attorney letters that have been drafted outside
Afghanistan are eligible only if they have been drafted in a diplomatic mission
or Consulate or have been attested by them. It needs the attestation of the
Ministry of Foreign Affairs of Afghanistan in both the cases.

Article 33: A lawsuit, over the fee issue between the lawyers of both sides and
their clients, could be decided in the defendant’s residential area court and or in
the court where the original lawsuit has been filed.

                                     Chapter Six
                  The Power of the Court and Position of Both Parties

Article 34: The court is bound to the claim and defence of both sides and it
cannot increase the objects of claim or take a decision about a case which is not
clear yet.
A decision is allowed on the arguments based by the investigation of the issue
by decreasing the amount of the claim.

Article 35: The Court cannot inform both sides about the danger of exposure of
their arguments and documents, but it can demand an explanation of their claims
and reasons if it sounds ambiguous.

Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                       Page 5 of 45                      Printed: June 24, 2011
Article 36: Except in those situations where the Court orders an immediate
process of the case, all other cases are processed in turn.

                                 Chapter Seven
                                  Settlement

Article 37: Both sides of the lawsuit can solve all or some of their disputes, in
whatever stage it may be, before the issuance of the court’s orders.

Article 38: Both sides, on the intentions of settlement between them, can start a
face to face dialogue or can appoint mediators and introduce them to the court.
However, the request must come from both sides.

Article 39: The acceptance of the agreement that comes as a result of the above
mentioned mediators is relevant to that accord of both sides that has been
expressed in front of Court. However, the powers of the attorneys should be
common and complete from the beginning of appointing an attorney.

Article 40: The relevant Court recommends just once a mutual agreement to the
parties of the claim. If the parties reach an agreement through mediation, than, it
should be presented to the Court within the period that has been specified by the
Court. The relevant Court is bound to issue its decision without any possession
in support of the mentioned agreement letter. If the agreement has been brokered
by the said attorneys (mediators) in article 38, then it is necessary that the
agreement letter, which is going to be deposited with the Court, must carry
either signature, stamp or finger prints of the attorneys (mediators).

Article 41: If both sides do not accept an agreement through mediation, the
Court should not delay them in vain. The moment it is noted that none of the
parties is ready for mediation then the court should record it in the Lawsuit
Registry Book, formally start the case and issue a decision.

                                 Chapter Eight
                            Precautions and Security

                                 A: Precautions

Article 42: The Court is authorized to give ruling on the request of one of the
two parties, about the adoption of any measure for the protection of ‘the matter
of dispute’, either before or after the filing of the lawsuit.



Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                    Page 6 of 45                         Printed: June 24, 2011
Article 43: If a Court notices that ‘precautionary measures’ are much easier or
could be done with less expenses and lesser time in another place, then the
Commercial Court of that area shall be selected for decision making and shall be
appointed as a representative court for the adoption of precautionary measures.

Article 44: A decision about the precautionary measures depends upon the
presentation of request to the Court. Based on this request the opposite party is
summoned immediately and if he/she does not appear, a decision is made in
his/her absence.

Article 45: When a decision is made in connection with the precautionary
measures, the supervision of moveable and immoveable assets is assigned to the
police. This supervision is performed by the executive body of the government
based on the information of the relevant Court. However, the implementation of
the decision and all other precautionary measures are turned over to a member of
the Court or officials and or to both together.

Article 46: The party that requests the precautionary measures is bound to pay
possible damages to the opposite party or the third person in accordance with the
provisions of part (B) of this chapter. Moreover, if the precautionary measures
requestor is a government office or government enterprise then in such cases the
providing of separate safeguard is not necessary and a written commitment shall
be sufficient. The appointment of the quantity of damages is the duty of that
court which had accepted a request for the security.

Article 47: When the party, against which the precautionary measures have
been adopted, pays the damages, then these precautionary measures could be
changed or removed in accordance with the change in the situation.

Article 48: Those pages which belong to the precautionary measures are kept in
the lawsuit file.

                             B: Security Deposits

Article 49: The Commercial Courts have the authority to retain the security
deposits in case of damages to the opposite party, the third person and the
Court’s expenses and taxes.

Article 50: The security deposits that could be given in a lawsuit are: cash,
shares, loan documents, moveable and immoveable assets or guarantee from an
authentic bank, which the Court appoints and accepts. Providing a guarantor on
the basis of legal document has the orders of a security deposit as well.


Commercial Procedure Code                                     Prepared by: Humayun Shinwari
                                    Page 7 of 45                        Printed: June 24, 2011
Article 51: The security deposit requestors, even if they are foreign citizens and
do not have legal residence in Afghanistan, are bound to deposit security in
accordance with article 50.

Article 52: The demand for security should be made the moment the lawsuit is
filed or during the proceedings of the case.

Article 53: Demand for a security could be made prior to the filing of the case
on condition that the claim is related to a formal document.

Article 54: If a fixed guarantee is not provided by the security demander within
the time frame the Court has allotted, then it is considered that the demand for
the security has been given up.

Article 55: The opposite party should be notified first about the Court orders
regarding security and then implemented but not at the times when immediate
notification is not possible or if its delay in the implementation causes loss or
damage. In this case first the orders of the security are implemented and then the
notification is given out.

Article 56: If the reasons for security deposit are removed then the relevant
court would remove the security deposit on request of the depositor and if the
Court orders are issued for the cancellation of original claim of the plaintiff, then
the security deposit vanishes itself.

Article 57: When orders from a relevant Court about the acceptance or rejection
of the security deposit are issued then no appeal could be filed in a Court of
Appeal or the Supreme Court.

Article 58: If a request for the security demand is cancelled by a court then the
opposite party can demand compensation for the losses that incurred during the
handing over of the security deposit.

Article 59: A friction over the credibility or unreliability and adequacy or
inadequacy of a security deposit is decided by the Court that has the duty of
resolving the case in the first place.

Article 60: If the demanded security deposit is a fixed property and its
supervision is impossible then the Court cannot supervise other material instead.

Article 61: If the security deposit was not a fixed property or if it was but was
impossible to be supervised, the Court then can hold under supervision the
equivalent amount of assets of the defendant.

Commercial Procedure Code                                        Prepared by: Humayun Shinwari
                                     Page 8 of 45                          Printed: June 24, 2011
Article 62: The person that is given as guarantor could be one or more. If the
guarantors are more than one, then each one of them is bound to write in the
guarantee letter the amount of security deposit that he/she is responsible for. By
not doing so, each one of them has unceasing responsibility.

Article 63: The following persons cannot become guarantors unless the opposite
party agrees to:
   1. Government and Municipality officials.
   2. Those persons who have job immunity.
   3. The lawyers for the claim of the clients.

Article 64: Whoever is providing a security deposit must produce the guarantor
to the court or bring a legal letter of guarantee.
Whoever is providing the letter of guarantee is bound to prove the financial
status of his/her guarantor(s) in the Court where the guarantee letter is being
written.
If a reliable bank or commercial company guarantees and the Court knows the
signature or stamp of that bank or company then there is no need for their
representatives to come to the Court.

Article 65: The guarantee of that guarantor that appears before the court is
recorded and signed in the Lawsuit Registry Book. This letter of guarantee has
the status of a legal letter of guarantee.

Article 66: If immoveable assets are taken under supervision by the Court then
the Court office is bound to give a written statement within two days of the
notification of the orders to the relevant departments about the guarantor’s
name, reputation, characteristics, type of the security deposit and all assets that
are under supervision.

Article 67: The immoveable assets should be taken into supervision in such a
manner that it is mentioned in the regulations precisely.

Article 68: The sealing of assets and things or handing them over to the
plaintiffs or a third party as security deposit depends upon the viewpoint of the
Court.

Article 69: The sealing of assets of commercial chambers and immoveable
properties, which is done on the orders of the court, should be performed by a
three members’ committee comprising a member of the Court, its Secretary and
a district police officer. It is better that both sides are present too. However, if
one or both sides are absent, the proceedings still can go on.

Commercial Procedure Code                                       Prepared by: Humayun Shinwari
                                     Page 9 of 45                         Printed: June 24, 2011
Article 70: The security officials, inn guards and watchmen of an area are
responsible for the preservation of those things and assets that has been sealed
and taken into supervision by the Court. The breaking of these seals without the
Court permission is not allowed. If someone does so, he/she not only comes
under the penalty pursuit of the relevant authorities but has also to pay for the
losses that has incurred as a result.

Article 71: Taking perishable materials in supervision is not allowed. Such
assets shall be sold by the three member committee of article (69) and its
equivalent value shall be taken into supervision.

Article 72: Every time moveable or immovable assets are taken into supervision
and the possibility persists that if the supervision continues the assets will either
get wasted or its price value will come down then each party has the right to
demand the sale of those assets. However, if the opposite side does not agree on
the sale of the assets and is ready to accept the losses that come as a result of the
supervision, then action will be taken on his/her will. In case of sale, an official
of the relevant court will watch the sale and the amount of the sold assets will be
kept in the exchequer of a court or a reliable bank as a trust. The opposite side
too has the right to watch the sale.

Article 73: When a security depositor or his agent deposits someone else’s
assets at his own name at the time of the execution of orders and these assets are
accepted as security deposit too, the security deposit demander is not bound to
pay the owner of assets in case of loss. The assets’ real owner may demand the
losses from the person who has used his assets as his own.

Article 74: If those assets or cash money, which is going to be taken into
supervision, are with a third person or if the supervision issue is such a demand
that the security depositor wants it from a third person, then the Court shall
notify this person and in accordance with the provisions of the Court the said
person provides a receipt and the depositor is immediately about the
circumstances.

Article 75: If the third person denies the existence or demand of all or part of
the assets, then the Court that has ordered the supervision should be informed
within two days of the dissemination of the orders. If not then he/she will be
responsible for the handing over of assets or demands.

Article 76: If the requestor proves the security deposit that his/her assets were
with a third person at the time of the Court’s orders and that he/she is falsely
denying or that the third person is avoiding to give away the assets that he/she is

Commercial Procedure Code                                        Prepared by: Humayun Shinwari
                                     Page 10 of 45                         Printed: June 24, 2011
possessing, then the relevant court will take the same assets or its equivalent
from his/her assets. If it is impossible to get the assets then as long as the losses
to the opposite party are not compensated, he/she will be in Court’s custody.

Article 77: The security depositor, whose assets are under supervision, has the
first right to take the benefits of assets.

                                    Chapter Nine
                            Notification and Summoning

Article 78: That plaintiff or defendant, who does not resides in a Court’s
jurisdiction, is bound to select a place in the said Court’s jurisdiction so that
notification and summoning becomes easier.

Article 79: If a person is unable to file a lawsuit or defend himself/herself in the
Court then his/her representative is informed by the Court.

Article 80: The legal persons should be informed in their legal representatives’
name.

Article 81: Notification about a lawsuit that arises from the dealings of a trading
company is given to the person who administers the affairs of that company.

Article 82: A lawyer is informed when the claims are filed by a lawyer.

Article 83: If someone refuses the acceptance of the notification, the informant
may show the paper again to the person in front of two other residents of the
street. If he/she still refuses the acceptance of the paper, the event is then noted
in the summon notice, signed by the informant as well as the two other residents
of the street and is brought back to the Court’s office. The person is then
summoned through the police on the orders of the Court.

Article 84: The notification in another country is given through the authorities
of that country by the Foreign Ministry of Afghanistan.

Article 85: If someone’s residence or house is unknown then they are informed
through announcement.

Article 86: The notification that is issued as announcement by the Court, along
with the causes, is implemented on the basis of following conditions:
   a. Those notifications that have been announced will hang on the Court’s
       wall till its expiry.


Commercial Procedure Code                                        Prepared by: Humayun Shinwari
                                     Page 11 of 45                         Printed: June 24, 2011
    b. The notification should be announced in the official gazette within the
       judicial jurisdiction. As long as such an official gazette is established, the
       notification is announced in other gazettes selected by the Court in its
       jurisdiction.

Article 87: The names and complete addresses of both parties, subject of the
lawsuit, place of the announcement and the place, day and time of summoning
should be written if the announcement has orders for summon.

Article 88: If the opposite party pays the expenses of announcement in the radio
then the notification is announced in the radio. However, this announcement will
be just for information purpose. Only those announcements have legal status that
has been announced in accordance with the guidelines of article 86.

Article 89: Except the plaintiff and defendant, the Court that is adjudicating the
case will inform those persons in accordance with the provisions of the law who
are living outside the judicial jurisdiction of that Court in Afghanistan, through a
court where they are residing. The Court has the powers to send a telegram on
the expenses and agreement of the other party that is benefiting.

Article 90: The notification must have several copies so that one of them is
preserved in the relevant file and the rest sent to those persons who are supposed
to be informed.

Article 91: The notification must have the following points:
  a. Full name and address of the person who is going to be notified.
  b. Clearly mentioning reasons for summoning.
  c. Day and time of summon.
  d. Name and address of the Court.
  e. The signatures of the Chief Judge and Secretary and the Court’s stamp.

Article 92: The person who has been summoned to the Court must appear in
person or send in his/her legal attorney. If there is any other reasonable plea for
not showing up, then the Court must be informed 24 hours prior to the time and
day of summoning.
If the Court thinks it necessary to summon the person and does not acknowledge
the coming of attorney as sufficient then it should be written explicitly in the
summon letter that in this case the person should come himself/herself.

Article 93: If the Court summons a person who resides in a place that is outside
the jurisdiction of that Court, the Court then can obtain his/her viewpoints
through a judicial agent.


Commercial Procedure Code                                        Prepared by: Humayun Shinwari
                                     Page 12 of 45                         Printed: June 24, 2011
                                     Chapter Ten
                            The Management of Court Sessions

Article 94: The trial in a Commercial Court takes place openly.

Article 95: The supervision of administrative and disciplinary affairs and the
management of meetings in the precinct of this law are amongst the duties of
Chief of Court. The Court grants a chance to both parties to express their views,
prevents them from inappropriate statements and expels those who try to intrude
the Court’s management. If anyone does something untoward in the Court,
he/she is punished for disciplinary actions. No appeal can be filed against such
punishments in the Court of Appeal or the Supreme Court.

Article 96: Both parties to the lawsuit or their attorneys are bound to present
two copies of their claim or defense to the Court. The secretary to the Court’s
Chief records the claim in the Lawsuit Registry Book in accordance with the
orders of the Court’s Chief. If the parties to the lawsuit are more than one then a
copy per head should be distributed.

Article 97: The Court’s Secretary collects all relevant papers to the claim, like,
experts’ view, witnesses statements etc. and records them in the Lawsuit
Registry Book.

Article 98: Both parties to the lawsuit or their attorneys can read the Lawsuit
Registry Book by the permission of the Court’s Chief and under the supervision
of the Court’s Secretary.

Article 99: The period for the answers of plaintiff and defendant is appointed by
the relevant court but the said period cannot not exceed one month.

Article 100: The time period allotted by the Court for the answers of the
plaintiff and defendant could be increased or decreased by the relevant court.

Article 101: The said time period in article 99 and 100, starts for that person,
who has been awarded the grace period, after the announcement of the relevant
ruling.

Article 102: If the person, who has been awarded the grace period, lives outside
the jurisdiction of the Court, is awarded one extra day after each 12 miles of
journey.



Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                       Page 13 of 45                     Printed: June 24, 2011
Article 103: The time period for those plaintiffs and defendants, who do not
have known addresses in Afghanistan, are awarded three to four months period
by the relevant Court. The Court sessions begins after the publication of the last
announcement in the press and radio in accordance with the provisions of article
86 and 88.

Article 104: If there are several plaintiffs and defendants in a lawsuit, the
longest time period that is awarded to one person amongst them applies to all of
them as well.

                                           Part Two
                                         Primary Stage
                                          Chapter One
                            Filing of Lawsuits in the Primary Courts

Article 105: A lawsuit is considered filed on the day the Court orders its
proceedings and the assigned fee is remitted.

Article 106: A lawsuit should be filed on a formal paper that has been selected
for official usage otherwise a two Afghani stamp ticket should be pasted on the
application.

Article 107: The application for the filing of a lawsuit must have the following
points:
   1. Plaintiff’s complete details i.e.
      a. The plaintiff’s name and the plaintiff’s father name
      b. His/her Tazkira (national ID) number and date
      c. His/her residence
      d. His/her profession

    2.   The Defendant or defendants’ complete details
    3.   The assortment of disputed property
    4.   Request date
    5.   The original claim

Article 108: The plaintiff is bound to provide the Court’s office; along with the
application the attested copies of all relevant papers and documents that he/she
is depending upon.
If the Court deems necessary, the original papers could be presented either by
the direct orders of the Court or on the demand of the defendant.

Article 109: If a lawsuit is filed in the court by an attorney then the power of
attorney should be attached as well.

Commercial Procedure Code                                              Prepared by: Humayun Shinwari
                                           Page 14 of 45                         Printed: June 24, 2011
Article 110: The moment a lawsuit is filed, the Court’s Secretary should record
it immediately in the Lawsuit Registry Book of the Court and give a receipt of
parties’ complete details, application’s date and other attached papers to the
plaintiff.

Article 111: If the application for filing a lawsuit is not prepared in accordance
with provisions of article 105, 106 and 107 then the Court’s Secretary informs
the Chief about the application’s deficiencies within five days of the application
and returns it to the plaintiff on the orders of Chief of Court to complete its
deficiencies.

Article 112: The plaintiff can anytime abandon the lawsuit with the permission
of the court.
The court is bound to stop the abandonment if it feels that the intention is not
good. The Court will order that either the case should be withdrawn or resume it.
If the case is allowed to withdraw the plaintiff is then bound to pay all the losses
to the defendant that has been assessed by the court. The fee of withdrawing a
lawsuit is exactly the same as that of filing a lawsuit.

Article 113: The plaintiff cannot expand the lawsuit without the consent of
defendant after filing.




                                  Chapter Two
                               Primary Objections

Article 114: The primary objections are as follows:
  1. Claim of incapacity of the Court
  2. Claim about the legal inability or incapacity of the plaintiff about filing a
      lawsuit
  3. Claim about the irrelevancy of plaintiff about filing a lawsuit
  4. A claim that a decision in this regard have already been taken by an
      authorized court between those people whom are represented now.
  5. A claim that the lawsuit’s time has expired.
  6. A claim that this very lawsuit has been filed in another court which has
      the same powers as this court has.
  7. A claim that the filed lawsuit is relevant to another lawsuit which is in
      another court and it should proceed there.



Commercial Procedure Code                                       Prepared by: Humayun Shinwari
                                    Page 15 of 45                         Printed: June 24, 2011
Article 115: If clauses 1, 2, 3, 4 and 5 of article 114 are proved, the court then
should avoid adjudication of the lawsuit and order its rejection.

Article 116: If clauses 6 and 7 of article 114 are proved, the court then should
avoid the adjudication of the lawsuit and send it to the relevant court within ten
days but on condition that one of the parties have lodged an appeal there in
accordance with article 117.

Article 117: Any party to the lawsuit can lodge an appeal twenty days after the
Primary Court issues its written verdict. If they are not satisfied with the Court
of Appeal’s decision, another appeal can be lodged in the Supreme Court within
ten days of written verdict of the Court of Appeal.

Article 118: If the objections in article 114 have not been presented before the
adjudication of the real lawsuit, then it could not be heard during the
proceedings of the court session.

Article 119: The defendant’s primary objections over the original subject of the
lawsuit are presented to the plaintiff, during the time period that has been
specified in chapter three, and an answer is obtained from the plaintiff within the
appointed time period.




                                     Chapter Three
                            Objections over the Subject Matter

Article 120: If the plaintiff or his/her attorney has not presented the primary
objections, then he/she is bound to prepare the answers in two copies and
present them to the Court within (15) days or during the time period of more
than (15) days which has been awarded by the Court along with all those
documents that he/she has in hand or is depended upon. The Court’s Secretary
records one copy in the Lawsuit Registry Book and the other one is given to the
other party in return of the receipt and puts the Court’s stamp on the presented
documents. The contents are recorded in the Lawsuit Registry Book and the
originals are returned to the owner for a receipt in order to show it to the Court
at the time of need.

Article 121: In a Primary Commercial Court, the maximum exchange of claim
and defense between the plaintiff and defendant shall be three times.

Commercial Procedure Code                                        Prepared by: Humayun Shinwari
                                        Page 16 of 45                      Printed: June 24, 2011
                                  Chapter Four
                                Reciprocal Lawsuit

Article 122: The defendant has the right to file a reciprocal lawsuit against the
plaintiff. This lawsuit must share the source with the original lawsuit and a
decision in this regard should affect the original claim.

Article 123: There should be more claims on the plaintiff in the reciprocal
lawsuit, besides the original ones.

Article 124: The reciprocal lawsuit should be filed on the basis of a separate
request.

Article 125: If the claim of the defendant is not reciprocal the Court shall
adjudicate separately and if the adjudication of this claim is not in its powers,
the court then shall announce its inefficiency through a verdict.

Article 126: The claim and defense in the reciprocal claim from both parties are
resolved by the provision of article (120).

Article 127: If the defendant abandoned the claim in accordance with the
provisions of article (112), the defendant of reciprocal claim can resume his/her
claim in accordance with the provisions of this law.


                                   Chapter Five
                            Adjudication of the Lawsuits

Article 128: The Court shall summon either both parties or their attorneys at
any time and listen to their arguments on the issue that they have differences
over and shall urge them towards a solution keeping in view article (40).

Article 129: After the defence and prosecution exchange in accordance with the
article 121, and it is proved to the Court that enough arguments have been
exchanged on the lawsuit and now is the time to adjudicate it, then both parties
are informed about the ending of the scrutiny. If necessary both parties are
summoned by the Court and enquire explanations about the incomplete parts of
the case.

Article 130: The maximum time, for summoning both parties to the Court, is
ten days. The Court may extend this period by keeping in view the distance of

Commercial Procedure Code                                     Prepared by: Humayun Shinwari
                                     Page 17 of 45                      Printed: June 24, 2011
the journey. In extraordinary cases the Court can extend the period for
summoning, itself or on the request of one of the parties.


                                   Chapter Six
                                    Witnesses

Article 131: Any party that is bonding on the witnessing of the witnesses is
bound to present to the Court a list of witness or witnesses, their complete
detail(s), name(s), addresses and numbers at the time of filing a lawsuit. The
said bonder does not have the right to give new names of witnesses or more
witnesses, at the time of proceedings of the Court, instead of those that has been
introduced to the Court in the earlier. The Court bounds the bonder to present all
or some of the introduced witnesses on the date prescribed by the Court. The
Court itself can summon introduced witness or witnesses when needed.

Article 132: If the witness is residing in the jurisdiction of another court, then
this Court that is adjudicating the lawsuit shall request another court to listen to
the witnessing, record the statement of the witnesses on the basis of judicial
deputyship and officially inform the court that it is adjudicating the lawsuit.

Article 133: The witness shall have the following conditions:
  a. Must be sane.
  b. Shall not be less than 18 years of age.
  c. Shall not be interdicted.
  d. Have not committed any crime before giving witness.
  e. Shall not be spouse, first or second degree relative, servant or master and
      or do not have the responsibility of taking care of livelihood of the person
      for whom he/she is going to be a witness.
  f. Shall not have reasonable enmity with the person against whom the
      witnessing is taking place.
  g. Shall not have a legal dispute in a court between him/her and the person
      against whom the witnessing is taking place.

Article 134: Any side of the lawsuit can reject a witness on the clauses (e), (f)
and (g) of article 133.

Article 135: The party that wants the rejection of a witness shall file a request
and reasons for rejection before the witnessing takes place. The court may bar a
person from witnessing if it finds the reasons feasible.

Article 136: The Court may listen separately to each witness if they are several.


Commercial Procedure Code                                       Prepared by: Humayun Shinwari
                                    Page 18 of 45                         Printed: June 24, 2011
Article 137: The witnesses must provide their names, full details and addresses
before the witnessing takes place and undertake that they will state all facts
without any increase or decrease.

Article 138: It is necessary that the Chief of the Court informs the witness about
the punishment for a fake witness before the witnessing takes place.

Article 139: It is necessary that the witness should give his/her statement in
his/her own handwriting, signed and recorded in the Lawsuit Registry Book. If
the witness cannot write then his/her statement is recorded by the Court’s
Secretary exactly the same way in the Lawsuit Registry Book followed by the
witness’s fingerprint and countersigned by two other persons.

Article 140: The assessment and value of a witness in a lawsuit is determined
by the Court. When a party presents a document in support of their claim, the
opposite side’s claim shall not be heard only on the basis of witnesses.

Article 141: None of the parties can commend or condemn the statement of a
witness at the time of witnessing. If any side does so despite the warning of the
Court’s Chief then he/she is expelled from the Court.

Article 142: If the witness does not know Pashto or Dari then his/her answer
shall be obtained through an interpreter.

Article 143: The taxable limit for witnesses in a Commercial Court is two
persons minimum.


                                 Chapter Seven
                                   Experts

Article 144: Those incidents where the adjudication of a lawsuit depends upon
the experts, the Court can either order the party or parties to the lawsuit or can
order itself to acquire an expert’s view. The orders of the court carry in clear
words the issue which requires an expert’s view. The setting up of that period is
necessary in which the experts express their views.

Article 145: When both parties agree upon the appointment of experts, then the
experts are appointed by the court. The experts could one person or several.

Article 146: Those people should be appointed as experts who have experience
in the relevant fields. It is necessary that the experts, who have been directly


Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                    Page 19 of 45                        Printed: June 24, 2011
appointed by the Court in accordance with the article 145, should also keep in
mind the conditions of article 133 of the Witness Chapter.

Article 147: No body shall be forced against their will to express their views as
experts.

Article 148: After listening to both sides’ arguments, the court selects those
questions which are necessary to be asked from the experts. Both sides are asked
about the experts’ answers and questions in front of the Court.

Article 149: If no decision has been taken regarding the fee for the experts then
the fee is fixed by the Court keeping in view the circumstance and magnitude of
the subject and the experts’ time and efforts.

Article 150: If consulting the experts is the demand of either side then that side
will pay the fee. If consulting the experts is demand of both sides or if the Court
orders it then fee is paid halt and half by both sides. In both cases the Court must
be provided the fee of the experts before the experts embark on.

Article 151: The experts are bound to appear before the court on the appointed
day and express their views on the issues that they have been asked about and
hand over the results personally to the Court within the time specified by the
Court.

Article 152: The Court can ask again the experts for the explanation and
completion of those points which are thought as defective and ambiguous in the
report.
Their sayings are recorded in the Lawsuit Registry Book and countersigned by
them.

Article 153: Basically the Court should work clandestinely on the viewpoints of
the experts but if necessary the Court can investigate the viewpoints of the
experts in front of both sides.

Article 154: The experts’ viewpoints are adopted on the basis of more votes and
are recognized as presumptions in the commercial claims.

Article 155: If the Court does not authenticate the experts’ viewpoint, it still can
appoint new experts in accordance with the provisions of this chapter.




Commercial Procedure Code                                       Prepared by: Humayun Shinwari
                                    Page 20 of 45                         Printed: June 24, 2011
                                 Chapter Eight
                                  Documents

Article 156: Once the law in Commercial Courts has allocated certain reasons
for the proof of a lawsuit, then it cannot be proved by other reasons.

Article 157: No further reasons shall be accepted for the issues that have been
accepted on the basis of prior written agreements by both sides, on condition
that both parties’ agreement is not contradictory to the law.

Article 158: Keeping in view the provisions of this law about the forgery, the
claims that take place against those which are supported by documents, must
also have supporting documents.

Article 159: A witness could be produced in the following conditions:
      a. In a case where blazing or accident has taken place and obtaining
         evidence is either impossible or extremely difficult.
      b. In those cases where both parties’ state of affairs or situation does not
         allow preparing a document.
      c. In the incidents of deceit and oppression.

Article 160: A witness can prove the claim if there are satisfying reasons and
presumptions for the loss of a document in a sudden incident, forceful means or
lost.

Article 161: Those documents, which in principles have been prepared by those
authorities which have legal powers to do so, are valid until their opposite has
been proved. However, if the court finds it doubtful, then a duplicate copy is
formally and directly obtained from the authorities that have attested it.
Moreover, if the doubts are in the attestation of the document then the court can
order formal and direct attestation from the authorities.

Article 162: Those documents that have been prepared outside Afghanistan are
only then trustworthy if they have been prepared and attested in accordance with
the provisions of article (32).

Article 163: Those informal documents that have been approved by the court
are formal documents in nature.

Article 164: Those phrases or words which are outside the lines or over the
lines, either on margins or text body, are not valid unless these parts are

Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                    Page 21 of 45                        Printed: June 24, 2011
particularly signed by the document provider and attested or signed in front of
the Court.

Article 165: Those texts, which have been written by the lender about the full or
partial payment of a loan, are valid only if the lender acknowledges its validity.

Article 167: The telegram papers are valid in Commercial Courts unless proved
contrary to the original. If the differences persist, the original that has been
signed by the sender, is valid unless the opposite party proves that the telegram
is counterfeit.

Article 168: In accordance with the Commercial Law, the validity of the
contents of commercial offices is reserved.

Article 169: A party’s original document could be produced by the Court if it is
with authorities and the party is unable to present it. The expenses of producing
the document to the court are on the person who is relying on it.

Article 170: The party that is presenting a document in a foreign language is
bound to present a credible translation to the court as well. If the opposite party
or the court does is not contented with the translation then the court formally
orders the translation of that document on the expenses of the provider.

Article 171: The plaintiff is bound to show an attested copy of the following
documents or originals when the court orders:
   a. All those documents which have been relied upon.
   b. Those papers and telegrams which are relevant to the lawsuit.

Article 172: If the court orders, the display of the original or attested copies of
the accounts of commercial offices are also essential.

Article 173: If the opposite party relies on the documents that are displayed in
the court, the provider then does not have the right to take it back or ask the
court to suppose it does not exist at all.

Article 174: The adjudication of commercial accounts and offices is held in
front of the court session. If the written documents and offices are outside the
judicial jurisdiction of the court then they shall be adjudicated through judicial
representative.

Article 175: The court can investigate the accounts through the experts.



Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                    Page 22 of 45                        Printed: June 24, 2011
Article 176: If the displayed document is not relevant to the person over whom
he had relied upon, then the said person can reject it. However, the rejection
should take place the first time the document is shown to him/her.

Article 177: If the provider of the document, in consultation with the opposite
party, takes back the document in case of rejection, then the court cannot rely on
this document in the lawsuit. However, if the document provider does not take it
and the document is effective in the lawsuit, the court then can adjudicate the
lawsuit through this document.

Article 178: If the court decides as a result of the investigation that the
document is relevant to the denier, the denier is then fined Afs1000-2000 cash
and if the opposite party demands, the court shall appoint the losses incurred on
the other side and shall be paid.

Article 179: A claim could be made at any stage against the forgery of a
document. If the forgery claim is made at the time of the proceedings of the
court session, then it is necessary that its circumstances are recorded in the
Lawsuit Registry Book.

Article 180: The claim of forgery by the plaintiff is communicated to the
opposite party. The opposite party is bound to reply back in written within ten
days stating that it is either going to take back the document or is going to
defend it. The agreement of the opposite party is condition in taking back the
document.

Article 181: The taking back of the document is not a proof itself that it is
counterfeit.

Article 182: If the document provider takes back the document or if he/she does
not reply on the prescribed date, the court in accordance with provisions of
article 171, will remove the said document from the list of proofs. If the
document provider stands firmly on the document then the Court’s Secretary
shall inform the other person, who claims that the document is counterfeit,
within three days to present those written reasons to the court within ten days
that he/she is depending upon regarding the forgery.

Article 183: If the court, after receiving the reasons for forgery, finds the
adjudication of forgery claim effective in the original lawsuit, then it orders an
investigation into the forgery claim.
The Court’s Secretary communicates this decision to both parties and informs
the document provider in written about the reasons for forgery in the document


Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                   Page 23 of 45                         Printed: June 24, 2011
and tells him/her to reply within ten days to the court. After receiving the reply,
the Secretary informs both parties about the date for adjudication of the case.

Article 184: It is necessary that the document provider hands over the original
document to the Court for a receipt at that time when he/she informs the court
that he/she will stand by his/her document that has been blamed for forgery.
This document is observed and marked by the Court’s Chief and members and is
preserved in the Court.

Article 185: If a person, who claims forgery in a document, does not present
proofs to the court within the specified time then his/her claim for forgery is
ineffective. If the document provider does not reply to the claim of forgery by
the opposite party, then the Court shall appoint a date for the adjudication of the
lawsuit.

Article 186: The court keeps in view the provisions of articles 159 and 160
when adjudicating the forgery of official documents and considers articles 189-
196 when dealing with other documents of forgery. In case the court considers
that the reasons for forgery are convincing then, orders the document as
counterfeit, otherwise not. If the court rules the document as counterfeit, then
the document is removed from the list of proofs.

Article 187: If the court does not rule the document as counterfeit, then the
party that had claimed the document as counterfeit is fined a cash of Afs.500-
3000 and is sentenced to pay all the damages that have been incurred on the
other party.

Article 188: All those documents and writings that have come under the forgery
lawsuit are returned for a receipt to the document provider or to the source
which have provided those documents in accordance with provisions of articles
187 and 199.

Article 189: No officer and worker of the Commercial Courts have the right to
give to the persons the duplicates of those documents that have been claimed for
forgery, unless the chief of the relevant Court allows doing so. Even then it
should be written on a corner of the document that these documents were
blamed for counterfeit.

Article 190: If a counterfeit claim against a document is proved in a
Commercial Court then the accused and his/her accomplices are transferred to
the relevant authorities for penal prosecutions.



Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                    Page 24 of 45                        Printed: June 24, 2011
Article 191: The credibility of a document in a forgery case is adjudicated as
follows:
    a. Consistency in the writings, signatures, stamp and finger prints from the
       erasing, scratching etc. point of view.
    b. Conformity of the controversial document’s writings and signatures with
       a similar document whose authenticity is credible with the Court.
    c. Inquiry from such witnesses and informers whose information could
       confirm that whether the document is correct or incorrect.
    d. The comparison of the substance of this document with those other
       documents and proofs which are credible to the court. The comparison of
       the document should be done with other such documents which are
       acceptable to the other party or its credibility is proved to the court.

Article 192: The court shall summon and listen to those witnesses, who have
signed the document as witness or those persons who have witnessed the
controversial document at the time of writing or stamping and those persons
whose knowledge and information may clarify the facts.

Article 193: Those writings are taken as basis for the implementation of the
documents’ writings, signatures and stamp that is agreed upon by both parties. If
both parties are not in agreement then the following writings are taken as basis
for the implementation:
   a. Writings, signature, stamp and finger print in official documents.
   b. The writing, signature, stamp or fingerprint which has been written,
       signed, stamped or fingerprinted on the papers relevant to the lawsuit in
       front of the Court.
   c. The writings or signatures of the official individuals or the workers of
       national Non-Governmental Organizations (NGOs) about the writings in
       the relevant affairs.
   d. The writings, signatures, stamps and fingerprints of those regular
       documents whose authenticity have already been acknowledged.

Article 194: If the writing, signature, stamp and fingerprint on a document are
attributed to a person who is still alive, then he/she is summoned for dictation.

Article 195: If those papers and writings which have been accepted as basis for
the implementation are with a governmental institution or a national Non-
Governmental Organization (NGO), the stated institution or NGO is bound to
send it to the court on the orders of the court. However, the said papers are
returned to the same office after the resolution of the claim.




Commercial Procedure Code                                     Prepared by: Humayun Shinwari
                                   Page 25 of 45                        Printed: June 24, 2011
Article 196: If the said papers and writings are outside the jurisdiction of the
court and its bringing is difficult then the essential implementations are
performed through judicial representation.

Article 197: If necessary the court shall resent the document, in accordance with
the provisions of this law, to the experts for the scrutiny of writing, signature,
stamp and fingerprints.

Article 198: If scratching and alike are present in a document then they are
recorded in the Lawsuit Registry Book and countersigned by the provider. If the
document provider refrains from signing, the issue is then recorded in the
Lawsuit Registry Book and the document is dealt with in accordance with the
provisions of this law.

Article 199: The conclusive decision of the court about a counterfeit document
shall be written in the bottom of the document and is cancelled by the special
stamp of the Chief of Court.




                                  Chapter Nine
                                   Confession

Article 200: When a person confesses on such a thing that proves the right over
him/her, then this confession is considered sufficient for the proof of the right.

Article 201: If the confession takes place in the Court during the proceedings of
the Court session or in one of those papers that are presented to the Court, then it
is a confession in the Court and is valid. However, if the confession takes place
outside the Court then it is invalid unless its reliability is proved in accordance
with the provisions of this law.

Article 202: It is essential that confession, like other statements, should be
recorded by the Court’s secretary in the Lawsuit Registry Book and
countersigned by the confessor.

Article 203: According to the provisions of this law the confession of an
attorney in a situation, where it proves the right over his/her client, is similarly


Commercial Procedure Code                                       Prepared by: Humayun Shinwari
                                    Page 26 of 45                         Printed: June 24, 2011
as valid as the confession of the client, on condition that this authority is
bestowed upon attorney in the power of attorney.


                                 Chapter Ten
                            Judicial Representation

Article 204: In those cases where it is essential to judge the arguments, listen to
the witnesses; return to the experts or to take other legal actions outside the
jurisdiction of that court which is bound to adjudicate the lawsuit, then this court
has the authority to confer representation to another court in order to carry out
investigation and other essential actions and send an attested copy to the court
that represented it.

Article 205: In those cases where it is necessary to carry out investigation
outside Afghanistan, the relevant court on the basis of mutual agreements if not
on the basis of intergovernmental laws, shall bestow representation upon a court
in the country where the investigation shall take place and the attested copy shall
be sent to the Afghan Commercial Court.

Article 206: Afghan Commercial Courts shall accept the representation that
takes place for the hearing of witnesses or other investigation regarding the
commercial disputes on the basis of mutual agreements between Afghanistan
and other countries or on the basis of intergovernmental agreements.

Article 207: The way of adjudication of representative courts are bound to the
rules and regulations of that country where the investigation takes place.


                                 Chapter Eleven
                                  Arbitration

Article 208: Those persons, who are able to file a lawsuit for the solution of
their differences, either filed with a Commercial Court or not, can consult one or
more persons for the judgment before the court gives ruling.

Article 209: Both sides, either in the original contract or in a separate agreement
can commit that in the development of differences, they will refer it to the
arbitration.

Article 210: If in a separate agreement, both sides hold arbitration as basis for
the resolution of their differences and ratify via some particular provision or
provisions, the respect of following points is essential:

Commercial Procedure Code                                       Prepared by: Humayun Shinwari
                                    Page 27 of 45                         Printed: June 24, 2011
    a. Clearly stating the particulars and provision or provisions of both parties.
    b. Stating of the disputed issue that should be resolved through arbitration.

Article 211: In case both parties have not determined their provision or
provisions in the original contract or in a separate agreement in advance, can do
so consequently by the agreement of both sides. However, if both parties do not
reach a unified point then the determination of provisions is in the powers of the
relevant court.

Article 212: If it is in the original contract or in the separate agreement to
appoint more than one arbitrator but neither their number nor their names is
known, then both parties appoint one arbitrator each and appoint a third
arbitrator together. If both parties fail to appoint a third arbitrator within one
week then the Court shall appoint the third arbitrator.

Article 213: The relevant Court shall appoint arbitrator in the following
conditions as well:
   a. In case the resolution of differences between the two sides has been
       referred to an arbitrator, in accordance with the agreement, but both
       parties fail to appoint a unified arbitrator.
   b. If the arbitrator of one party either resigns or dies or lose the ability of
       arbitration and this party fails to appoint a replacement after ten days of
       the resignation or death of the arbitrator.
   c. In all those cases where both sides are bound to appoint arbitrators in
       accordance with the original contract or separate agreement or the
       provisions of this law and one of them fails to appoint an arbitrator
       within ten days after the receiving of the information.

Article 114: In those cases where the Court appoints arbitrator in accordance
with the provisions of this law, shall call at least two times more persons as
arbitrators and then appoint the required number by drawing lottery among
them.

Article 115: The arbitrator/arbitrators are bound to arbitrate within the time
specified in the original contract or separate agreement. If the time period has
not been mentioned in the original contract or separate agreement then the
arbitrator/arbitrators are bound to give ruling within those two months where
they gave written statement regarding the acceptance of arbitration.

Article 116: The court cannot appoint the following persons as arbitrators
unless both parties agree upon:
   a. The person who is benefactor in the lawsuit.


Commercial Procedure Code                                       Prepared by: Humayun Shinwari
                                     Page 28 of 45                        Printed: June 24, 2011
    b. A person who has first degree blood relation or causal relation with one of
       the parties in the lawsuit.
    c. The person who is either one party’s attorney or supervises his/her affairs
       or one party of the lawsuit supervises his/her affairs.
    d. The one who is heir to one of the parties.
    e. The heads and members of the three stages commercial judicial system
       and government officials in those work localities.

Article 217: The arbitrator that is appointed by the court in accordance with the
clause (2 – 3), article 123 is exempted from the provisions of article (216).

Article 218: The arbitrators have no right of resignation after accepting the right
of arbitration unless they have a reasonable excuse like journey, sickness and
others.

Article 219: If the arbitrators do not vote in the specified time period, they lose
the power of arbitration and both parties shall agree on the appointment of new
arbitrators.

Article 220: Both parties should present those documents to the arbitrators that
they possess and the arbitrators also can ask them necessary questions.

Article 221: If both parties present written request for the removal of arbitrators
then arbitration is dissolved.

Article 222: If one of the persons to the lawsuit dies then his/her legal heir can
appoint another arbitrator instead of the one that had been appointed by the dead
person.

Article 223: The arbitrator’s vote should be categorical and decisive.

Article 224: If the arbitrators are several then their votes are counted on the
majority vote basis.

Article 225: After obtaining the arbitration opinion, the Court Secretary takes
the original opinion to the Chief and members of the court and then records it in
the Lawsuit Registry Book. If the Court finds the decision in accordance with
the provisions of this law then reckons it as final and gives ruling in this regard.
Decision letters are sent to both parties afterwards and the original opinion is
kept in the Court’s office.

Article 226: The arbitration is invalid in the following cases:
  a. If the arbitration opinion is against the laws of the country.

Commercial Procedure Code                                       Prepared by: Humayun Shinwari
                                    Page 29 of 45                         Printed: June 24, 2011
    b. If the arbitrator has left the real issue and has given his/her opinion on
       such topic which is not the subject of the arbitration.
    c. If the opinion of the arbitration is being issued after the expiration of the
       time period for the arbitration.
    d. If the opinion of the arbitration is in disparity with the contents of those
       official documents that have been recorded in the office of the
       Commercial Court.

Article 227: If the arbitration decision contains other issues as well besides the
real issue and which is outside the issue then the arbitration is invalid due to that
external issue.

Article 228: The arbitrators’ fee is paid fifty-fifty by each side unless stated
otherwise about the fee in the contract of the arbitration.

Article 229: The issues about bankruptcy and liquidation could not be referred
to the arbitration.

Article 230: The following points should be respected in the opinion and
viewpoint of arbitration:
   a. The clarification of disputed issue.
   b. The decisive opinion of the arbitrator regarding the basis of the case and
      all expenses and taxes of the court.
   c. The date of the arbitration and the signatures and addresses of the
      arbitrators.


                                     Chapter Twelve
                   Adjudication of the Proofs and End of Investigation

Article 231: Proving is the duty of a person who claims a right or condition.

Article 232: The proving takes place on those evidences that have been
mentioned in this law. Keeping in view other provisions of this law the reasons
for proof are adopted as follow:
   a. Confession
   b. Document
   c. Witness

Article 233: A court can depend upon the commercial customs and traditions
within the limits of provisions of this law.



Commercial Procedure Code                                        Prepared by: Humayun Shinwari
                                       Page 30 of 45                       Printed: June 24, 2011
Article 234: The court investigates only those reasons that have been presented
by both side and it cannot order one side to show a specific proof. Those
investigations that the Court deems essential for the clarification of the issue like
listening to the witnesses and others are not the proofs.

Article 235: The adjudication of proofs takes place during the court session. If
at the time of adjudication the summoning of both parties or one party or other
persons is considered essential for the investigation and clarification of the case
then they are summoned to the court.

Article 236: All those documents that are presented to the court by both parties
are recorded in the Lawsuit Registry Book after the Court observes them and the
originals are returned to the owners in return of a receipt.

Article 237: After listening to the arguments by both parties, the court declares
the ending of investigation to both parties. Afterwards appoints day and time for
the announcement of the adjudication. The issue is recorded in the Lawsuit
Registry Book and announced to the parties of the lawsuit.

Article 238: When the Court declares an end to the investigation it should issue
its ruling within twenty days and deliver decision letters to both sides.

Article 239: The court’s decision must include the following points:
  a. The names and full details of both parties to the lawsuit.
  b. The ruling date.
  c. The name of the court that issues the ruling.
  d. The court’s chief and members names under the ruling.
  e. The subject of claim and request of the lawsuit owners to the court.
  f. The summery of both parties’ arguments and documents.
  g. Those arguments that court is depended upon while issuing ruling.
  h. This clarification that who is responsible for the payment of Court’s forms
      fee and other expenses.

Article 240: The Court’s ruling should be decisive and clear.

Article 241: The Court’s decision is adopted secretly. It takes the shape of
ruling once it is signed by the prosecution authority. It is then announced to both
sides openly.

Article 242: The court’s ruling takes place either on the basis of agreement or
majority votes. The Court’s Chief first takes members’ opinion and disclose
his/her opinion at the end.


Commercial Procedure Code                                        Prepared by: Humayun Shinwari
                                     Page 31 of 45                         Printed: June 24, 2011
Article 243: The Court’s Chief also has one vote.

Article 244: The Court’s ruling along with the proceedings of the Lawsuit
Registry Book should be recorded by the Court’s secretary within twenty days
of the announcement of the ruling, in the same number of decision letters as the
persons to the lawsuit are. After it is signed by the Court’s chief and members
and the appointed taxes are obtained, it is then returned to the lawsuit owner in
exchange of receipt that carries the date.

Article 245: The announcement and submission of the decision letters takes
place in accordance with those standards that have been appointed in the chapter
of announcement of this law.

Article 246: If a party to the lawsuit or its attorney does not appear before the
court without a reasonable excuse or appears but do not answers the Court’s
questions - whether their objections or defenses have been recorded in the
Lawsuit Registry Book or not - the Court on the request of the opposite party
chooses a time period for the person(s) to appear before the court in no less than
two months and no more than four months time. It is announced in the radio and
a local newspaper. If the absconder(s) does not appear in front of the Court
within the specified time period, the Court shall then announce its ruling in the
light of documents and legal materials presented by the opposite party, in the
absence of the person.




Commercial Procedure Code                                     Prepared by: Humayun Shinwari
                                   Page 32 of 45                        Printed: June 24, 2011
                              Part Three
                              Appeal Stage
                                  Chapter One
         The Provisions and Decisions by which an Appeal could be Filed

Article 247: An appeal could generally be filed against the primary Commercial
Courts except those provisions that have been clearly exempted by the law.

Article 248: An appeal could not be filed against the following provisions of the
primary Commercial Courts:
   a. Those provisions of the Primary Commercial Courts that are over money
      and the amount is less than Afs. 2000.
   b. Those provisions that are based on the confession in front of Court.
   c. Those provisions that have been announced on the basis of arbitration in
      accordance with the provisions of this law.

Article 249: No agreement alone is appealable without the ruling over the
original issue, except those explained bellow:
   a. The decision on not hearing the case either due to the inability of the
       court or due to the passage of time.
   b. The inability of one party to the lawsuit.
   c. The rejection of the demand for the dismissal of one of the Court’s
       member.

Article 250: The appellant is bound to present along with his/her request a copy
or duplicate of the decision letter of the Primary Court.




                                Chapter Two
                            Time Period for Appeal

Article 251: The period for an appeal against the rulings and decisions of a
Primary Courts is two months from the date of the ruling or decision.
Commercial Procedure Code                                     Prepared by: Humayun Shinwari
                                   Page 33 of 45                        Printed: June 24, 2011
Article 252: Those persons who are present in the Court at the time of ruling
and communication then the execution of ruling and communication is recorded
in the Lawsuit Registry Book and they state that they were present at the time of
ruling. Those who were not present at the time of the ruling of Court, the
announcement takes place in accordance with provisions of articles 87, 88 and
89 of this law.

Article 253: If the appeal comes after the expiry of time period in article 251,
the Court of Appeal then issues the rulings about not accepting the demand and
not hearing the case.


                                Chapter Three
                              Appeal Proceedings

Article 254: The appeal proceedings require application. The plaintiff or
defendant or their attorneys or legal representatives present the request directly
to the Court of Appeal in Kabul.

Article 255: The Court of Appeal’s Secretary shall record the contents of the
request in his/her office the moment he/she receives the request and give the
provider a receipt that carries his/her name, the opposite party’s name and the
date of receiving the request and write the receiving date on all those papers that
are relevant to the request. This date is considered the beginning of the appeal.

Article 256: The following points should include the appeal request:
  a. The name, complete details and address of the appellant.
  b. The opposite party’s name, complete details and address.
  c. If either sides or one side has attorneys then their names, complete details
      and address.
  d. A summery of that ruling or decree against which the appeal has been
      filed.
  e. The date of that ruling or decree in the Primary Court against which the
      appeal has been lodged.
  f. The name of that Primary Court that issued the ruling or decree.
  g. The explanation of the claims in the appeal along with the specifications
      of the disputed property.
  h. Objections over the ruling of the Primary Court.

Article 257: The following pages should be attached along with the appeal:
  a. The power of attorney for the attorney if the appellant has the attorney.
  b. A copy of those documents that the appellant depends upon.

Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                    Page 34 of 45                        Printed: June 24, 2011
    c. A copy or duplicate of the ruling or decree of the Primary Court against
       which the appeal has been filed.

Article 258: The request of appeal along with the other attached papers is
presented to the session of the Court of Appeal on its turn. If the court finds the
claim as non-hearable then orders not hearing of the case. If it finds the case as
hearable then the request and attached papers, on behalf of the defendant or
his/her attorney, are recorded in the Lawsuit Registry Book and the defendant or
his/her attorney signs, stamps or fingerprints beneath.

Article 259: After the registration of request and attached papers in the Book,
the contents of the Lawsuit Registry Book are shown to the opposite party in
front of the Court’s Secretary in order to get familiar with it and prepare answers
for defense. The opposite party can obtain a copy of the request and attached
papers from the Lawsuit Registry Book, in accordance with the conditions of
this article.

Article 260: The opposite party or its attorney is bound to record the provisions
of plaintiff’s objection, ten days after examining the request and attached papers
in the Lawsuit Registry Book, under the supervision of Court’s Secretary and
sign, stamp or fingerprint it.

Article 261: After the recordings of defense’s objections and the available
documents of both sides in the Lawsuit Registry Book, the day and time for the
adjudication of the case shall be selected; both parties shall be informed and
shall record their written summoning with the Court in order to appear on the
specified day and time.

Article 262: Those new allegation which were not in the Primary Court shall
not be heard during the appeal. The compensation for the mortgage, rent or
those losses that has been incurred upon the appellant at the time of the
adjudication of the lawsuit or after the ruling of the court, are not considered as
new allegations.

Article 263: All those judicial regulations that are observed in the Primary
Courts, in accordance with the provisions of this law, are observed in the Court
of Appeal as well but in those cases where the law has appointed special and
clear assignment in this regard.

Article 264: The Court of Appeal supports the Primary Court if it finds its
ruling in accordance with the provisions of the law, if not it breaks that decision
and issues new rulings in this regard. The powers of the Court of Appeal include
those conditions too where the relevant Primary Court is silent about a part of

Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                    Page 35 of 45                        Printed: June 24, 2011
the lawsuit or if the sources of new proofs are presented to the Court of Appeal
by either party to the lawsuit.

Article 265: If the Court of Appeal, at the time of adjudication of the appeal,
does not find any other mistake than miscalculation or suspicion in figures or
those figures and numbers that have been left without noticing, the court then
corrects those mistakes and issues its ruling in support of the previous decision.

Article 266: At the end of adjudication which takes place in accordance with the
provisions of this chapter, if the issue was ready and clear for the ruling, and the
need is not felt for further questioning and explanations, the Court of Appeal
then declares the ending of the investigation period, appoints day and time for
the ruling, records the issue in the Lawsuit Registry Book and informs the
parties to the lawsuit to appear before the court on the appointed time. The
ruling should be given within ten days of the ending of investigation.

Article 267: The ruling of the Court of Appeal in the adoption of adjudication is
based on provisions 239 to 245 of this law.




                                Part Four
                       Appeal to the Supreme Court
                                   Chapter One
                            Appealable Orders and Rules

Article 268: The rulings of the Court Appeal are appealable in the Supreme
Court but in those conditions where this law has clearly declared the exception.

Article 269: The following provisions are not appealable:
   a. All those rulings of the Court of Appeal that are over money and are less
       than Afs. 4000.
   b. All those rulings of the Court of Appeal that has taken place in front of
       the court on the basis of confession.
   c. Those rulings that are dependant upon the view of one or several
       arbitrators and the stated views of the arbitrators are counted as final and
       in accordance with the provisions of reforms of discussions and
       arbitrations.


Commercial Procedure Code                                       Prepared by: Humayun Shinwari
                                     Page 36 of 45                        Printed: June 24, 2011
Article 270: No rulings could go to the Court of Appeal alone unless this law
clearly allows it to do so.

Article 271: The following rulings are especially appealable in the Supreme
Court:
a. The ruling that is given by the Court of Appeal in case of its inability to
    adjudicate the lawsuit.
b. The ruling that the Court of Appeal gives on the inability of a person in the
    lawsuit.
c. The ruling by a Court of Appeal in case of rejection or non-hearing of a
    lawsuit.
d. The ruling that the Court of Appeal gives for the rejection of objection by a
    member.

Article 272: The appellant is bound to present along with the appeal, the
original or duplicates of the decisions letters or rulings of the Primary
Commercial Court to the Supreme Court.

Article 273: The appellant cannot display new documents in the Supreme Court.


                                  Chapter Two
                                  Appeal Period

Article 274: The appeal period against the decisions of a Commercial Court of
Appeal is one month after the ruling. No appeal is hearable after this period.

Article 275: The announcement of an order is in accordance with the provisions
of article (253) of this law.

Article 276: The appealing and its adjudication are in accordance with article
254 – 259 as long as they are not contradictory with the provisions of this
chapter.


                                 Chapter Three
                            Adjudication of the Appeal

Article 277: The Commercial Court of Appeal summons both sides if it deems
it necessary if not it is adjudicated in their absence.

Article 278: If both sides of the lawsuit have been summoned then the Court of
Appeal asks them necessary questions. The questions of the court and answers

Commercial Procedure Code                                    Prepared by: Humayun Shinwari
                                    Page 37 of 45                      Printed: June 24, 2011
of both sides, which are asked just once, are recorded in the Lawsuit Registry
Book and signed by the respondent.

Article 279: The management of the investigation, the declaration of the ending
of the court’s investigation, the adoption of views and the submission of the
decision letters in the Court of Appeal is executed in a way that has been
specified, in accordance with the provisions of this law, in the primary and
Commercial Court of Appeal.

Article 280: The investigation of the appeal means to see if those orders of the
Primary and Court of Appeals, against which the appeal has been sought, are in
accordance with the provisions of this law or not. If the orders of the Primary
and Court of Appeal are in accordance with the provisions of the law and in
confirmation with each other, the Court of Appeal approves it, but if the orders
of these two courts are contrary to each other, the court then approves that order
which is in accordance with the provisions of the law, and the case is thus
closed.

Article 281: The Supreme Court breaks the order or ruling of a Court of Appeal
and orders its correction in the following conditions:
   a. If the order or ruling is given against those laws where the Commercial
      Courts are bound to implement them.
   b. If the Court of Appeal has ill-interpreted the articles of the contract
      between the two parties.
   c. If there is a contradiction between the very orders or rulings of a Court of
      Appeal on the same issue.
   d. If the proofs of a side have rejected without legal reasons.

Article 282: Every order or ruling shall be final that has been issued by a
Commercial Court of Appeal.

Article 283: The order or ruling against which an appeal has been lodged
abrogates on the conditions that have been mentioned in article 281, even if the
appellant has not pointed towards it on the basis of article 281.

Article 284: If a Commercial Court of Appeal abrogates an order or ruling on
the basis of those reasons that have been mentioned in article 281, the lawsuit is
then resent to the Court of Appeal for the adjudication and correction of order or
ruling. The Court of Appeal investigates the issue and if it finds the objections
of the Supreme Court justified, then gives new ruling in this regard, which in
principle is appealable. However, if the Court of Appeal stands on its former
order or ruling and rejects the objections of the Supreme Court based on


Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                   Page 38 of 45                         Printed: June 24, 2011
reasons; the Supreme Court adjudicates the case again and gives its orders about
the disputed claim.

Article 285: If the Supreme Court gives ruling about the powers of attorney of a
Court regarding the adjudication of a lawsuit, the case is then sent to the relevant
court for adjudication.




                        Part Five
 The Fee of the Decision Letters, the Price of Deeds and
        the Expenses of the Commercial Courts
                                    Chapter One
                            The Fee of the Decision Letters

Article 286: The fee of the decision letters, on the basis of object of judgment,
is taken as follow:
 a. Those decision letters that have been issued by the Primary Commercial
     Court, take 8% as the decision fee of the object of judgment from the losing
     party.
 b. Those decisions letters that have been issued by the Commercial Court of
     Appeal take 16% as the decision fee of the object of judgment from the
     losing party.
 c. Those decision letters that have been issued by the Commercial Dewan of
     Supreme Court takes 22% as decision fee of the object of judgment from the
     losing party.

Article 287: If the claim of the defendant in the Primary Court is more then the
amount and a part of it is proved in the court then, according to article 286(1),
the losing party pays the decision fee and the defendant, who is not a losing
party, pays 1% of the remaining amount as fee for failing to prove the amount
that was in his/her claim but could not prove it.
If the defendant could not prove any part of the amount in his/her claims, then
he/she pays 1% of the entire amount in the name of fee for failing to prove the
claim.

Article 288: If the decision of the Primary Commercial Court is completely
confirmed in the Court of Appeal then except the price of the deed and Afs.50
stamp ticket at the time of filing a lawsuit, no other fee is charged. If the Court
Commercial Procedure Code                                       Prepared by: Humayun Shinwari
                                      Page 39 of 45                       Printed: June 24, 2011
of Appeal changes the order of the Primary Court about the object of the
judgment then fees is not charged again on the amount that has been approved in
the orders of the Court of Appeal. However, 1% fee is charged on the winning
party on the amount that has been nullified in the order of the Court of Appeal,
as fee for failing to prove the amount. If the defendant could not prove any parts
of his/her claim then 1% of the entire amount is charged on the object of
judgment as a fee for failing to prove the claim.

Article 289: The provisions of article 288 in the Supreme Court and those other
orders that has been issued in relevance to the decisions of the Court of Appeal
are implemented in accordance with article 286(3).

Article 290: If the lawsuits are resolved in all the three Commercial Courts
either through settlement or arbitration, then the amount that has been agreed
upon through settlement or arbitration is 8% in the Primary Court, 16% in the
Court of Appeal and 22% in the Supreme Court. Moreover, 1% of the entire
amount which is 0.5% on each party is being charged as failing to prove the
amount is imposed on both sides. If both sides have reached a different
agreement about the fees and other charges then action is taken accordingly.


                                       Chapter Two
                     The Price of the Deeds of the Commercial Courts

Article 291: Whoever, including real or legal person, that files a lawsuit in the
Commercial Courts is bound to present the claim on Afs.2 formal application
form and where it is not available on a white paper that has a ticket of Afs.2, to
the relevant Court.

Article 292: Whoever, including real or legal person, that files a lawsuit in a
Commercial Court is bound to present to the court along with the application a
stamp ticket of Afs.50 before the start of judicial session in accordance with the
provisions of this law.

Article 293: The price of every deed that is prepared in the Commercial Court
like decision letters, plea, receipt, confession letter, agreement, and power of
attorneys is Afs.20.

Article 294: The fee of those deeds that are prepared in the Commercial Courts
about the commercial disputes is as follow:
   a. Plea letter is 2% of the registered amount.
   b. Waiver is 3% of the registered amount.
   c. The mortgage letter of the movable assets is 3% of the registered amount.

Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                        Page 40 of 45                    Printed: June 24, 2011
    d.   The confession letter is 3% of the registered amount.
    e.   The receipt letter is 3% of the registered amount.
    f.   The agreement letter is 0.5% in the registered amount.
    g.   No further fees will be imposed, except Afs.20 as value of the deed, on all
         commercial power of attorneys and all those confession letters which does
         not include any money.

Article 295: The fees and deed price mentioned in article 294 will be paid by
the person who is taking advantage off the deed. Only waiver and receipt are
exempted of this order and the deed price is paid by both parties half and halts.
If both parties have agreed upon a different way on the payment of deed price,
the fees will then be taken that way.


                                         Chapter Three
                            Attestation Fee and the Court’s Expenses

Article 296: The attestation fee is charged on two kinds of attestations:
  a. Confirmation of original with the duplicate.
  b. With other confirmations.

Article 297: The attestation fee of the duplicate with the original in a
Commercial Court is Afs.20/page. (25) words are one line and (15) lines are one
page. If there is a line break, it is counted as complete.

Article 298: The attestation of other documents that have been issued by the
office of the Commercial Court is Afs.20 without bearing in mind the number of
lines.

Article 299: The Court’s expenses are as follow:
  a. The expenses for the adoption of precautionary and security measures.
  b. The essential expenses of experts.
  c. The essential expenses of bringing the witnesses.
  d. The essential expenses of announcement and notification.
  e. Fee of the defense attorney and or legal advisor.

Article 300: Those real and legal persons, who are parties to the case and return
to the experts during the proceedings of the case, demand the security and
precautionary measures are bound to present to the relevant court along with the
formal application a stamp ticket of Afs.25.

Article 301: If a party in the Commercial Court demands an effective measure
in the decision of the lawsuit and the relevant Court accepts the demand, then it

Commercial Procedure Code                                          Prepared by: Humayun Shinwari
                                           Page 41 of 45                     Printed: June 24, 2011
is bound to pay all essential expenses for the execution of the case to the court
before it starts its session.
If he/she fails to pay in the time period prescribed by the court, then it is
assumed that he/she has given up the application.

Article 302: If the court takes a measure, without consulting any side of the
lawsuit, which is effective in the decision of the case, then one or both sides to
the lawsuit pays the essential expenses of the court.

Article 303: The side that pays the essential expenses in accordance with
provisions of this chapter while the relevant court decides in his/her favor at the
end of the case then the court bounds the other party for the payment of the
expenses and the fee of the defense attorney or legal advisor on his/her demand.


                                  Part Six
                    Structure of the Commercial Court
                                    Chapter One
                            The Primary Commercial Courts

Article 304: There is a Primary Commercial Court, for the resolution of
commercial disputes, in all the provincial capitals and high governments of the
state.

Article 305: The Commercial Courts’ Chiefs and all members are nominated
and appointed in accordance with the principles of appointment, promotion and
retirement of the civil servants.

Article 306: The number of judicial board in a Primary Commercial Court, in
the provincial capitals and high governments, are three persons including the
Chief of the court.

Article 307: The Chiefs of the Commercial Courts are first ranking in the
capital of Kabul, second ranking in the provincial capitals and third ranking in
the high governments.

Article 308: The ranks of the members of the Commercial Courts are as follow:
  a. The members of the Primary Commercial Courts in Kabul are second
       rank.
  b. The members of the Primary Commercial Courts in the provinces are
       second rank.

Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                      Page 42 of 45                      Printed: June 24, 2011
Article 309: There is a Correspondence Officer in each Primary Commercial
Court, who performs the duties of a secretary as well and does not have the
judicial powers, is third ranking in Primary Commercial Court of the capital
Kabul and fourth ranking in the Primary Commercial Court of the provinces.
The administrative clerks, typists and the servants in the Primary Commercial
Courts are appointed in compliance with the budget of the Ministry of Justice.

                                    Chapter Two
                               The Court of Appeal
                                         +
Article 310: There shall be a Commercial Court of Appeal in Kabul, which in
accordance with the provisions of this law investigates the orders and rulings of
the Primary Commercial Courts.
The Ministry of Justice has the authority to establish other Primary Commercial
Courts in other parts of the state.

Article 311: The judicial board of the Commercial Court of Appeal is three
persons including the Chief of the Court, who are appointed in accordance with
article 305 of this law and their ranks, are as follow:
    a. The Chief of the Commercial Court of Appeal is rank one.
    b. The members of the Commercial Court of Appeal are rank two.

Article 312: There is a Correspondence Officer in the Commercial Court of
Appeal who performs the duties of a secretary as well and does not have judicial
powers and has rank three. The administrative clerks, typists and the servants in
the Primary Commercial Courts are appointed in compliance with the budget of
the Ministry of Justice.




                                   Chapter Three
                            The Commercial Court of Appeal

Article 313: The Commercial Court of Appeal in Kabul has been established in
accordance with the provisions of this law to accomplish those tasks that have
been bestowed upon this court as its duty.

Article 314: The judicial board of the Commercial Court of Appeal is three
persons who have been appointed in accordance with article (305) of this law
and their rankings are as follow:
   a. The chief of the Court of Appeal is in the first rank.

Commercial Procedure Code                                     Prepared by: Humayun Shinwari
                                      Page 43 of 45                     Printed: June 24, 2011
    b. The members of the Court of Appeal are in the second rank.

Article 315: The provisions of article (312) of this law are also applicable on the
Commercial Court of Appeal.


                                 Chapter Four
                            Miscellaneous Provisions

Article 316: The Commercial Courts of Appeal are completely independent in
the performance of its duties and is protected from all interferences. Only its
budget and structure is relevant to the Ministry of Justice.

Article 317: While appointing the Chief and members of the Commercial
Courts of Appeal, it is necessary to see the person’s educational qualification
and professional experience. The Ministry of Justice is bound to keep in view
the status and system of the Commercial Courts in regard to the budget of the
Commercial Courts and provides all essential facilities and takes necessary
measures for the performance and facilitation of their duties.

Article 318: The security commands of the capital Kabul and provinces are
bound to abide by those orders of the Commercial Courts which are in
compliance with this law.

Article 319: If it deems necessary, all the three Commercial Courts can use the
experts, experienced merchants and professional experience of the chamber of
commerce for the proof and clarification of commercial traditions and customs.

Article 220: The court shall not provide decision letter to one party or both
unless it receives its decision fee and stamp and cancels the ticket on the
relevant book.

Article 221: The stamp tickets that are pasted on the court’s record book should
be tamped cancelled on the face of the ticket.

Article 222: A plaintiff in the Commercial Court can withdraw the case at any
level including the Primary Court, the Court of Appeal or the Supreme Court.
No fee will be charged on condition that the case has not been formally filed;
proceeding has not yet started and the case has not been registered yet in the
Lawsuit Registry Book. The case shall be removed from the Court’s agenda and
closed. However, if the proceedings has started and the case has been recorded
in the Lawsuit Registry Book then according to the provisions of this law, the
party that has withdrawn the case, pays the appointed fee of non proof and the

Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                    Page 44 of 45                        Printed: June 24, 2011
court issues a formal decision letter in this regard. If the defendant has
counterclaimed against the plaintiff or a third party has entered the lawsuit, then
withdrawing the lawsuit is conditioned to the agreement of the defendant or the
third party.

Article 323: The Ministry of Justice is bound to include enough structure in the
budget of Commercial Courts for the offices of Documents & Trademarks
Registration and enough structure for the offices of Bankruptcy & Liquidation in
accordance with the bylaws of Bankruptcy & Liquidation, which are relevant to
the Primary Commercial Courts.

Article 324: This law is effective two months after its publication in the Official
Gazette.

Wednesday 10 Jadi, 1383 AH
17 Sha’aban 1383 (Lunar Calendar)
30 December 1964
Year of Publication in the Official Gazette:
17 Hoot 1343 AH
      Or
07 March 1965




Commercial Procedure Code                                      Prepared by: Humayun Shinwari
                                    Page 45 of 45                        Printed: June 24, 2011

								
To top