Decree
No. (29) of 2024
Concerning
the Judicial Committee for Resolving Conflicts of
Jurisdiction
between the Dubai International Financial Centre
Courts
and Judicial Entities in the Emirate of Dubai[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
The Constitution of the United Arab
Emirates;
Federal Law by Decree No. (42) of
2022 Issuing the Civil Procedure Code;
Law No. (12) of 2004 Concerning the
Dubai International Financial Centre Courts and its amendments;
Law No. (13) of 2016 Concerning the
Judicial Authorities in the Emirate of Dubai and its amendments;
Law No. (5) of 2021 Concerning the
Dubai International Financial Centre;
Decree No. (26) of 2013 Concerning
the Rental Disputes Settlement Centre in the Emirate of Dubai;
Decree No. (19) of 2016 Forming the
Judicial Committee of the Dubai Courts and the Dubai International Financial
Centre Courts;
Decree No. (33) of 2020 Concerning
the Special Tribunal for Unfinished and Cancelled Real Property Projects in the
Emirate of Dubai; and
Resolution No. (14) of 2023 Forming
the Tribunal for Settlement of the Disputes of Family Companies and Family
Property in the Emirate of Dubai,
Do hereby issue this Decree.
The following words and expressions, wherever mentioned in this Decree,
will have the meaning indicated opposite each of them unless the context
implies otherwise:
|
The Emirate of
Dubai. |
Emirate: |
|
His Highness the
Ruler of Dubai. |
Ruler: |
|
The Chairman of the
Judicial Council. |
Chairman: |
|
The Judicial Council
of the Emirate. |
Judicial Council: |
|
The Dubai Courts, the Rental Disputes Settlement Centre in the Emirate, any tribunal formed
pursuant to a decree or resolution of the Ruler or the Chairman, or any other entity
in the Emirate whose establishing or regulating legislation stipulates that it is a judicial entity. |
Judicial Entity: |
|
These include the
Court of Cassation, the Court of Appeal, the Courts of First Instance, and
any other court to be established therein. |
Dubai Courts: |
|
The Dubai
International Financial Centre Courts. |
DIFC Courts: |
|
The Judicial
Committee for Resolving Conflicts of Jurisdiction between the Dubai International Financial Centre
Courts and Judicial Entities in the Emirate of Dubai, which is formed and regulated as an
independent judicial committee pursuant to the provisions of this Decree. |
Judicial Committee: |
a.
The
provisions of this Decree apply to the Judicial Committee of the Dubai Courts
and the Dubai International Financial Centre Courts established pursuant to the
above-mentioned Decree No. (19) of 2016.
b.
The
name “Judicial Committee of the Dubai Courts and the Dubai International
Financial Centre Courts”, wherever mentioned in any legislation in force in the
Emirate, is hereby replaced by the name “Judicial Committee for Resolving
Conflicts of Jurisdiction between the Dubai International Financial Centre
Courts and Judicial Entities in the Emirate of Dubai”.
a. The Judicial Committee is
hereby formed as follows:
1.
the
Chief Justice of the Court of Cassation of the Dubai Courts, as chairman;
2.
the
Deputy Chief Justice of the DIFC Courts, as vice chairman;
3.
the
Secretary General of the Judicial Council, as member;
4.
the
Chief Justice of the Court of Appeal of the Dubai Courts, as member;
5.
the
Chief Justice of the Courts of First Instance of the Dubai Courts, as member;
and
6.
two
(2) judges from the DIFC Courts, nominated by the Chief Justice of the DIFC
Courts, as members.
b.
A
secretary will be nominated to the Judicial Committee by its chairman from
among the employees of any of the Judicial Entities, in coordination with the
head of that Judicial Entity. The secretary will be appointed at the first
meeting of the Judicial Committee.
The Judicial Committee will have the duties and powers to:
1.
determine the competent Judicial Entity having jurisdiction over any claim or application in
respect of which a conflict of jurisdiction arises between the DIFC Courts and any of
the Judicial Entities;
2.
determine the enforceable judgement in the event of
delivery of conflicting judgements by the DIFC Courts and any Judicial Entity in respect of claims that involve the same
litigants and subject matter; and
3.
exercise any other duties or powers assigned to it by
the Ruler or the Chairman.
a.
Sessions of the Judicial
Committee will convene at the invitation of its chairman, or vice chairman
where the chairman is absent, and will be valid if attended by the majority of
the Judicial Committee's members, provided that its chairman or vice chairman is in
attendance. Decisions of the Judicial Committee will be passed unanimously or
by majority vote of attending members; and in the event of a tie, the chair of the session will have the
casting vote.
Proceedings of the Judicial Committee and its decisions on the applications referred to it will be recorded in minutes signed by the chair of the session and attending members of the Judicial Committee.
c.
Deliberations of the Judicial Committee will be held
in camera; and its decisions must be reasoned.
a. In case of a conflict of
jurisdiction between the DIFC Courts and any Judicial Entity, in which neither or both of them relinquish jurisdiction
over a claim or an application, or in which they deliver conflicting judgements on the same, litigants may submit an application to the Judicial Committee to
determine the competent judicial
entity having jurisdiction over the claim, or to
determine the enforceable judgement.
b. The Judicial
Committee will determine the applications submitted to it in the cases
stipulated in this Decree in accordance with the rules of jurisdiction prescribed by the
legislation in force.
Establishing the Judicial Committee’s authority over an application will result in:
1.
stay of proceedings of the claims or applications in respect of which a
conflict of jurisdiction exists,
pending
the issuance of the Judicial Committee’s decision determining the competent judicial entity having
jurisdiction to hear and determine these claims or applications;
2.
stay of enforcement proceedings, pending the
issuance of the Judicial Committee’s decision determining the enforceable
judgement; and
3.
suspension of the limitation periods and time-bar periods prescribed by
the applicable legislation. This suspension
will take effect from the date of submitting the application to the Judicial
Committee.
a.
A security deposit in the amount of three thousand
dirhams (AED 3,000.00) will be collected in respect of an application that fall
within the jurisdiction of the Judicial Committee. Failure to pay the security
deposit will render the application non-admissible but will not preclude its
resubmission.
b.
The security deposit referred to in paragraph (a) of
this Article will be refunded to the applicant where the Judicial Committee rules in favour of the application.
Otherwise, the security deposit will be forfeited where the Judicial
Committee rules
in favour of lack of jurisdiction of the judicial entity asserted by the
applicant as
having jurisdiction, in which case the security deposit will be paid to the
judicial entity that has been determined to have jurisdiction over the
application.
a.
The Judicial Committee will issue its decisions in the
name of the Ruler.
b.
The decisions issued by the Judicial Committee
determining a competent
judicial entity or an enforceable
judgement will be final and not subject to any form of appeal.
c.
The rules of law established by the Judicial Committee
in the decisions
issued pursuant to this Decree
will be deemed judicial
precedents. All judicial entities at all levels, including the DIFC Courts,
will be bound by these precedents. Any
conflict of a subsequent
judicial ruling with any of these rules will provide grounds for challenging that ruling
through any legally prescribed means of appeal.
The terms of reference of the Judicial Committee; the procedures for registering, hearing, and determining the applications over which it has jurisdiction under this Decree; as well as the financial remuneration of its chairman, members, and secretary, will be determined pursuant to a resolution issued by the Chairman.
The Judicial Committee will consider and determine the applications that
have not been determined by the effective date of this Decree, unless they are
reserved for decision.
The Chairman will issue the resolutions required for the implementation
of the provisions of this Decree.
a. This Decree
supersedes the above-mentioned Decree No. (19) of 2016.
b. Any provision in
any other legislation is hereby repealed to the extent that it contradicts the
provisions of this Decree.
c.
The resolutions issued in implementation of the
above-mentioned Decree No. (19) of 2016 will continue in force to the extent
that they do not contradict this Decree, until new superseding resolutions are
issued.
This Decree will be published in the Official Gazette and will come into
force on the date following the day on which it is published.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 3 April 2024
Corresponding to 24 Ramadan
1445 A.H.
©2024 The Supreme Legislation Committee in the
Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict, the Arabic text will prevail.