Decree
No. (29) of 2024
Concerning
the Judicial Tribunal for Resolving
Jurisdictional
Conflicts between the Dubai International Financial Centre
Courts
and Judicial Bodies 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 Body. |
Judicial
Body: |
|
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 Tribunal for Resolving Jurisdictional Conflicts between the Dubai
International Financial Centre Courts and Judicial Bodies in the Emirate of
Dubai, which is formed and regulated as an independent judicial tribunal
pursuant to the provisions of this Decree. |
Judicial
Tribunal: |
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 Tribunal for Resolving Jurisdictional
Conflicts between the Dubai International Financial Centre Courts and Judicial Bodies
in the Emirate of Dubai”.
a. The Judicial Tribunal 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 Tribunal by its chairman from among
the employees of any of the Judicial Bodies, in coordination with the head of
that Judicial Body. The secretary will be appointed at the first meeting of the
Judicial Tribunal.
The Judicial Tribunal will have the
duties and powers to:
1.
determine
the competent Judicial Body having jurisdiction over
any claim or application in respect of which a jurisdictional conflict arises
between the DIFC Courts and any of the Judicial Bodies;
2.
determine
the enforceable judgement in the event of delivery of conflicting judgements by
the DIFC Courts and any Judicial Body 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 Tribunal 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 Tribunal's members, provided that its chairman or
vice chairman is in attendance. Decisions of the Judicial Tribunal 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 Tribunal 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 Tribunal.
c.
Deliberations
of the Judicial Tribunal will be held in camera; and its decisions must be
reasoned.
a. In case of a jurisdictional
conflict between the DIFC Courts and any Judicial Body, 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 Tribunal to determine the competent Judicial Body having
jurisdiction over the claim, or to determine the enforceable judgement.
b. The Judicial Tribunal 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
Tribunal’s authority over an application will result in:
1.
a
stay of proceedings of the claims or applications in respect of which a
jurisdictional conflict exists, pending the issuance of the Judicial Tribunal’s
decision determining the competent Judicial Body having jurisdiction to hear
and determine these claims or applications;
2.
a
stay of enforcement proceedings, pending the issuance of the Judicial Tribunal’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 Tribunal.
a.
A
security deposit in the amount of three thousand dirhams (AED 3,000.00) will be
collected in respect of an application that falls within the jurisdiction of
the Judicial Tribunal. 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 Tribunal rules in favour of the
application. Otherwise, the security deposit will be
forfeited where the Judicial Tribunal rules in favour of lack of jurisdiction
of the Judicial Body asserted by the applicant as having jurisdiction, in which
case the security deposit will be paid to the Judicial Body that has been
determined to have jurisdiction over the application.
a.
The
Judicial Tribunal will issue its decisions in the name of the Ruler.
b.
The
decisions issued by the Judicial Tribunal determining the competent Judicial
Body or an enforceable judgement will be final and not subject to any form of
appeal.
c.
The
rules of law established by the Judicial Tribunal in the decisions issued pursuant
to this Decree will be deemed judicial precedents. All Judicial Bodies 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 Tribunal; 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 Tribunal 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.