Concerning the Procedures and Terms
of Reference of the
Judicial Tribunal for Resolving Jurisdictional
Conflicts between the
Dubai International Financial Centre
Courts and
Judicial Bodies in the Emirate of
Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــ
We,
Maktoum bin Mohammed bin Rashid Al Maktoum, First Deputy Ruler of Dubai,
Chairman of the Judicial Council,
After perusal of:
Federal Law by Decree No. (42) of 2022 Issuing the Civil
Procedure Code; and
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,
Do
hereby issue this Resolution.
The words and expressions mentioned in
this Resolution will have the same meaning assigned to them in the
above-mentioned Decree No. (29) of 2024. The following words and
expressions, wherever mentioned in this Resolution, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
Decree: |
Decree No. (29) of 2024 Concerning the Judicial Tribunal
for Resolving Conflicts of Jurisdiction between the Dubai International
Financial Centre Courts and Judicial Bodies in the Emirate of Dubai. |
|
Application: |
An application submitted to the Judicial Tribunal to
determine the competent Judicial Body having jurisdiction over a claim in
respect of which a jurisdictional conflict has arisen between the DIFC Courts
and any other Judicial Body in the Emirate. This includes applications for
determining the enforceable judgement from amongst conflicting judgements
issued by the DIFC Courts and any other Judicial Body in respect of claims
involving the same parties and subject matter. |
|
Applicant: |
The party submitting an Application. |
|
Respondent: |
The Applicant’s opponent. |
|
Secretary: |
The secretary of the Judicial Tribunal appointed by
its chairman. |
|
Digital Platform: |
A digital platform designated for the registration
and management of Applications. |
a.
When
submitting
an Application to the Judicial Tribunal, the following requirements must be
met:
1.
The Application must be submitted
through the Digital Platform in both Arabic and English, using the form
prescribed by the Judicial Tribunal for this purpose.
2.
The security deposit prescribed by
the Decree must be paid and held in trust with the treasury of the DIFC Courts.
b.
If
an Application
does not satisfy the requirements specified in paragraph (a) of this Article,
the Applicant will be granted a grace period not exceeding seven (7) days to
fulfil these requirements, failing which, the Application will be deregistered.
However, this will not preclude the Applicant from resubmitting the Application
to the Judicial Tribunal, provided that all requirements stipulated in
paragraph (a) of this Article are satisfied.
c.
The
security deposit will be withheld and paid into the treasury of the DIFC
Courts, if the Application fails to satisfy the requirements upon the expiry of
the grace period specified in paragraph (b) of this Article.
a.
An
Application that satisfies the requirements stipulated in Article (2) of this
Resolution will be registered on the Digital Platform and assigned a serial
number. The Applicant may not, without the approval of the chairman of the
Judicial Tribunal, submit any additional requests or documents after the
Application has been registered on the Digital Platform.
b.
The
Secretary will notify the Judicial Body involved in a jurisdictional conflict with
the DIFC Courts of the Application submitted to the Judicial Tribunal within
one (1) working day from the date of its registration on the Digital Platform.
c.
The Secretary will notify the Respondent of
the Application submitted to the Judicial Tribunal within two (2) working days from the date of its
registration on the Digital Platform.
d.
The
Respondent must file a statement of response to the Application, in both Arabic
and English, within seven (7) working days from the date
of being notified of the Application. The Respondent may request a one-time
extension for the same period, provided that the request is submitted before
the expiry of the initial time limit. After the expiry of the prescribed time limit,
the Respondent may not file the statement of response or any additional
requests or documents without the approval of the chairman of the Judicial Tribunal.
e.
If
the Respondent fails to file the statement of response within the time limit
specified in paragraph (d) of this Article, the Secretary will proceed with referring the Application to the
Judicial Tribunal for determination as it stands. The Judicial Tribunal may admit
a statement of response filed after the expiry of that time limit, provided
that the Respondent has not already filed a statement with the Judicial
Tribunal for review.
f.
The
Secretary
will refer the Application to the Judicial Tribunal within five (5) working
days from the expiry of the time limit
specified in paragraph (d) of this Article.
The effects of establishing the Judicial
Tribunal’s authority over an Application, as specified in the provisions of
Article (7) of the Decree, will apply as of the date on which the Application
is registered on the Digital Platform.
a.
The
Judicial Tribunal will consider and determine any Application referred to it
within thirty (30) days from the date of its referral by the Secretary in
accordance with the provisions of paragraph (e) of Article (3) of this
Resolution. This time frame may be extended once for the same period, depending
on the circumstances of the Application and the progress of proceedings, pursuant
to a decision of the chairman of the Judicial Tribunal, or in his absence, the
vice chairman.
b.
The
Secretary will notify the parties, litigants, the DIFC Courts, and the Judicial
Body party to the jurisdictional conflict, of the decision rendered
by the Judicial Tribunal within two (2) working days from the date of its
issuance.
A decision of the Judicial Tribunal
must include the following:
1.
the Application number;
2.
the names of the Applicant and the
Respondent;
3.
proof that the Application satisfies
the requirements for submission to the Judicial Tribunal;
4.
the facts related to the
Application, including the parties’ claims and their responses thereto;
5.
a summary of the reasoning behind the
Judicial Tribunal’s decision, including its response to the parties’ claims and
defences; and
6.
the date on which the Judicial Tribunal’s
decision is rendered.
The Judicial Tribunal will prepare an annual report on the
Applications submitted to it and the decisions rendered in respect thereof; and
will submit the same to the Chairman to give the relevant directives as he
deems appropriate.
The
DIFC Courts will provide the Judicial Tribunal with all the administrative,
financial, and technical support required to enable it to exercise its duties
and powers under the Decree, this Resolution, and the resolutions issued in
pursuance thereof.
The Chairman of the Judicial Tribunal will
issue the resolutions and instructions required for the implementation of the
provisions of this Resolution.
This Resolution comes into force on the day on
which it is issued, and will be published in the Official Gazette.
Maktoum
bin Mohammed bin Rashid Al Maktoum
First Deputy Ruler of Dubai
Chairman of the Judicial Council
Issued in
Dubai on 7 October 2024
Corresponding to 4 Rabi al-Thani 1446 A.H.
©2025 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.