Concerning
Dubai
International Financial Centre Courts[1]
ــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After having reviewed:
The Constitution of the United Arab Emirates;
Federal Law No. (7) of 1999 Issuing the Pensions and
Social Security Law and its amendments;
Federal Law by Decree No. (42) of 2022 Issuing the Civil
Procedure Code (the “Civil Code”);
Federal Law by Decree No. (57) of 2023 Concerning
Pensions and Social Security;
Law No. (12) of 2004 Concerning the Dubai International
Financial Centre Courts and its amendments;
Law No. (6) of 2005 Regulating the Dubai Courts and its
amendments;
Law No. (21) of 2015 Concerning Judiciary Fees at Dubai
Courts and its amendments;
Law No. (13) of 2016 Concerning the Judicial Authorities
in the Emirate of Dubai and its amendments;
Law No. (15) of 2017 Concerning the Administration of
Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai;
Law No. (5) of 2021 Concerning the Dubai International
Financial Centre (DIFC);
Decree No. (34) of 2021 Concerning the Dubai
International Arbitration Centre;
Law No. (10) of 2004 Concerning the Dubai International
Financial Centre Courts;
DIFC Arbitration Law No. (1) of 2008 and its amendments;
and
Resolution No. (3) of 2022 in respect of Issuing a
Regulation of the Rules, and Procedures Governing the Affairs of the Judges of
the Dubai International Financial Centre (DIFC) Courts (the “Regulation Governing the Affairs of the DIFC Courts’
Judges”),
Do hereby issue this Law.
This Law will be cited as the “DIFC Courts Law No. (2) of
2025”.
In this Law, unless the context indicates otherwise, the
following terms and expressions listed below shall have the corresponding
meanings.
|
Terms |
Definitions |
|
State |
The United
Arab Emirates. |
|
Emirate |
The Emirate of Dubai. |
|
Ruler |
His Highness the Ruler of the
Emirate of Dubai. |
|
DIFC |
Dubai International Financial
Centre. |
|
President |
The President of the DIFC. |
|
DIFC Courts |
The DIFC Courts including the
Court of Appeal, the Courts of First Instance, and the Small Claims Tribunal. |
|
Dubai Courts |
The Dubai Courts regulated
under Law No. (6) of 2005 and Law No. (13) of 2016, referred to hereinabove. |
|
Claim |
Claims or applications relating
to rights or liabilities. |
|
Judge |
Judge of the DIFC Courts. |
|
Enforcement Judge |
The Judge assigned to perform
enforcement functions in accordance with the provisions of this Law. |
|
Member of the
Small Claims Tribunal |
Judicial Officer. |
|
Judicial Officer |
Judicial employee appointed to
the DIFC Courts to perform the judicial functions prescribed by this Law. |
|
Registrar |
Registrars and assistant
registrars of the DIFC Courts who are responsible for supervising the registries of applications, claims and enforcement,
the Non-Muslims Wills Registry, and any registry or service assigned to the
DIFC Court for supervision in accordance with the DIFC Regulations and Rules
of the Courts. |
|
DIFC Bodies |
The DIFC Bodies as established
and regulated in accordance with Law No. (5) of 2021 as well as the DIFC
Laws. |
|
DIFC
Establishment |
Any entity or business
established, licensed, registered, or permitted to operate or to carry on any
activity in or through the DIFC pursuant to the DIFC Laws and the DIFC
Regulations, including Licensed DIFC Establishments. |
|
Licensed DIFC Establishment |
Any entity or business
licensed, registered, authorised, or recognised by the Dubai Financial
Services Authority (DFSA) to carry on Financial Services or Ancillary
Services under Law No. (5) of 2021 and the DIFC Laws. |
|
DIFC Laws |
Any laws issued by the Ruler
concerning the DIFC. |
|
Any rules, regulations, bylaws, or orders relating to the DIFC issued
by the President or by the DIFC Bodies. |
|
|
Rules of the
Courts (RDC) |
The rules regulating litigation
procedure before the DIFC Courts, as issued by the President. |
|
Foreign
Judgements |
Any judgement or decision of a
foreign court. |
|
Arbitral
Awards |
Domestic and Foreign Arbitral
Awards. |
The provisions of this Law shall apply to the DIFC Courts
established under Law No. (12) of 2004, as referred to hereinabove.
A.
The venue of the DIFC Courts shall
be situated within the DIFC. However, by decision of the Chief Justice, certain
hearings may be held outside the DIFC by any means, or as stipulated in the
Rules of the Courts.
B. A
DIFC Court may at any stage of a proceeding:
1. direct that the proceeding or a part
of the proceeding be conducted or continued at a place specified in the order,
subject to such conditions as the DIFC Court may determine; and
2. direct that DIFC Laws, DIFC
Regulations, and Rules of the Courts shall continue to apply to the proceedings
in that venue.
The affairs of the judicial and administrative bodies of
the DIFC Courts shall be regulated, and their functions determined, pursuant to
this Law, DIFC Laws, and DIFC Regulations. The DIFC Courts shall exercise their
duties and functions independently in accordance with the provisions of this
Law, DIFC Laws, DIFC Regulations and Rules of the Courts.
Litigation before the DIFC Courts shall consist of two
distinct tiers, in accordance with the provisions of this Law, DIFC Laws, and
Rules of the Courts.
The official language of the DIFC Courts is English, an
interpreter will be assigned, when necessary, after taking an oath.
A. All
DIFC Court hearings shall be held open to the public and all judgements will be
announced publicly unless the DIFC Laws or the Rules of the Courts shall
stipulate otherwise, or the DIFC Court shall order otherwise of its own
initiative.
B. In
any proceeding, evidence shall be given orally or by affidavit, or as otherwise
directed or allowed by the DIFC Courts. A DIFC Court may, for the purposes of
any proceeding, direct or allow testimony to be given by video link, telephone,
electronic device, or other appropriate means. The testimony shall be given on
oath or affirmation unless:
1. the person giving the testimony is
in a foreign country; or
2. either the law in force in that
country does not permit the person to give testimony on oath or affirmation for
the purposes of the proceeding; or the law in force in that country would make
it inconvenient for the person to give testimony on oath or affirmation for the
purposes of the proceeding; and the DIFC Court deems it appropriate for the
testimony to be given otherwise than on oath or affirmation.
C. Where
the testimony is given otherwise than on oath or affirmation as stipulated in
sub-paragraph (B)(2) of this Article, the DIFC Court shall give such testimony
the weight it considers appropriate.
A. Judgements
issued by the DIFC Courts shall be rendered and enforced in the name of the
Ruler, in accordance with this Law, DIFC Laws and Rules of the Courts.
B. Judgements
may be delivered by a single Judge in the event that more than one Judge has
heard the proceeding.
C. Judgements
of the DIFC Courts may, from the date of the judgement, carry legal interest on
the judgement sum. Such interest shall be:
1. at the rate fixed by the Rules of
the Courts; or
2. at a rate that is lower than that fixed
by the Rules of the Courts as the DIFC Court deems appropriate.
D. Judgements,
orders, and decisions issued by the DIFC Courts shall be issued:
1. under the seal of the DIFC Court;
and
2. signed by the Judge, the Registrar,
or an officer acting with the authority of the Registrar.
A.
The DIFC Courts shall have a Chief
Justice and one or more Deputy Chief Justice(s) who shall be appointed pursuant
to a decree issued by the Ruler upon the President’s recommendation.
1. forming DIFC Court circuits,
including the Small Claims Tribunal, and issuing instructions related to their
functions;
2. establishing the policies and
procedures of the judicial affairs of the DIFC Courts;
3. proposing draft laws and regulations
relating to DIFC Courts affairs and matters which fall within their
jurisdiction, and submit the same to the President for approval or for issuing
directives on relevant action, as found appropriate;
4. proposing and submitting Rules of
the Courts to the President for adoption and issuing instructions for the
implementation of these rules after adoption;
5. directing for a public consultation
on the draft DIFC laws and regulations concerning DIFC Courts matters and
issues that fall within its jurisdiction, and on which DIFC Court users may
share their comments within such period as specified by the Chief Justice;
6. directing for the publication of
draft Rules of the Courts by means of a notice to all court users for their
comments. This notice shall include the provisions contained therein and a
summary of the draft;
7. overseeing and monitoring Judges to
perform their duties fully;
8. overseeing and monitoring Registrars
to perform their duties relating to legal affairs;
9. issuing rules and instructions for
the register of practitioners and lawyers who are duly licensed to appear
before the DIFC Courts, and issuing a comprehensive code of professional
conduct;
10. appointing and terminating Judicial Officers,
including Members of the Small Claims Tribunal, and determining their duties,
powers, conditions of service and entitlements in
consultation with the Director of the DIFC Courts; and
11. any other functions or duties assigned by the
President or in accordance with the provisions of the DIFC Laws, DIFC
Regulations, Rules of the Courts, and the legislation in force in the Emirate
that are applicable within the DIFC.
C.
The Chief Justice shall determine
the design and specifications of the DIFC Courts’ official seal which shall be
maintained in the custody of the Registry, or as the Chief Justice directs.
D.
The Chief Justice may delegate any
of the functions provided in paragraph (B) of this Article to the most senior
Deputy Chief Justice, provided that such delegation is made in writing and
specific.
E.
In addition to duties assigned by
the Chief Justice, the most senior Deputy Chief Justice shall exercise all the
duties and powers vested in the Chief Justice, under this Law and the cited Law
No. (5) of 2021, in the event of absence or vacancy of position.
A.
The DIFC Courts shall have a
Director, who shall be appointed by a decree issued by the Ruler and a deputy
Director, who shall be appointed pursuant to a decision issued by the President
on the Director’s recommendation.
B.
In addition to the functions
assigned to him under Law No. (5) of 2021 referred to above, the DIFC Courts Director
shall have the following duties and powers:
2. supervising the register of
practitioners licensed to appear before the DIFC Courts, as well as the Pro
Bono Programme;
3. supervising the register of
certificates, authentication, and attestation, and establishing the necessary
regulations for its function;
4. supervising the Ancillary Services,
and establishing the necessary regulations for their function; and
5. any other duties or powers assigned
by the President or in accordance with the provisions of the DIFC Laws, DIFC
Regulations, Rules of the Courts, and the legislation in force in the Emirate
that are applicable within the DIFC.
C. The
Director of the DIFC Courts may delegate any powers to the Deputy Director or
to any of the DIFC Courts employees, provided that such delegation is in
writing and specific.
D. In
addition to the duties assigned by the Director of the DIFC Courts, the Deputy
Director shall exercise all the duties and powers assigned to the Director
pursuant to this Law and the cited Law No. (5) of 2021, in the event of absence
or vacancy of position.
E. The
remuneration and financial allocations for the Deputy Director of the DIFC
Courts shall be determined in accordance with a resolution to be issued by the
President in this regard.
A. The
DIFC Courts shall have the following registries:
1. The Registry for the registration of
applications, claims, and the enforcement of judgements, as well as the
enforcement of non-Muslims Wills;
2. The Wills Registry for non-Muslims under the DIFC Courts Ancillary Services;
3. The Register of practitioners
licensed to appear before the DIFC Courts, and the Pro Bono Programme, under
the DIFC Courts Ancillary Services;
4. Certificates, authentication, and
attestation services Registry, under the DIFC Courts Ancillary Services; and
5. any other registry to be established
by the DIFC Courts pursuant to a decision by the President.
C.
The President shall determine the
operational framework of the certificates, authentication, and attestation
services Registry referred to in sub-paragraph (A)(4) of this Article, and the
records listed therein.
An organisational unit called the “Mediation Centre”
shall be established at the DIFC Courts to consider disputes and resolve them
amicably. The President shall determine its operational framework, functions
and procedures followed therein.
A. The
DIFC Courts have exclusive jurisdiction to hear and
determine:
1.
Civil
or commercial and employment claims and
applications by or against the DIFC Bodies or DIFC Establishments and those
to which DIFC Bodies or DIFC Establishments are party;
2. Civil or commercial and employment
claims and applications arising from or related to contracts, whether
concluded, completed, or performed, wholly or partly, within the DIFC, or which
will be or should be performed, wholly or partly, within the DIFC, as expressly
provided in such contracts;
3. Civil or commercial and employment
claims and applications, arising out of or related to any incident or
transaction relevant to the DIFC Bodies or DIFC Establishments, their own
activities, or those related to the activities of the employees in any of them,
that take place, wholly or partly, within the DIFC;
4. Claims and applications arising out
of or related to trust instruments established or registered in the DIFC and
non-Muslim Wills which are registered with the DIFC Courts;
5. Claims and applications for the
ratification or recognition of Arbitral Awards, in accordance with the
Arbitration Law in force within the DIFC.
6. Claims and applications arising from
or related to any arbitration procedures where:
i.
the seat
or legal place of arbitration is the DIFC;
ii.
arbitral
proceedings take place within the DIFC, and the parties have not agreed on the
seat or legal place of arbitration; or
iii.
the
parties agree to the DIFC Courts’ jurisdiction for disputes arising out of
arbitration proceedings.
7. Claims and applications over which
the DIFC Courts have jurisdiction under the DIFC Laws, DIFC Regulations, and
the legislation in force in the Emirate, as well as any international treaty
and convention to which the State has acceded or is a party to.
B. The
DIFC Courts have jurisdiction to hear and determine civil and commercial claims
and applications, where the parties expressly agree in writing to the DIFC
Courts’ jurisdiction, whether before or after the dispute arises, provided that
such agreement is made pursuant to specific, clear and express provisions.
C. The
DIFC Courts may decline jurisdiction to hear the following proceedings:
1. Claims falling within the
jurisdiction of the DIFC Courts but where the parties have agreed in writing to
the jurisdiction of another court;
2. Claims in which a final judgement
has been issued by any other court and can be enforced within the DIFC.
The DIFC Courts have jurisdiction to hear and determine
applications for interim or precautionary measures related to the following:
1. Claims and applications that fall
within the jurisdiction of the DIFC Courts.
2. A claim for the disclosure of the
true identity of a defendant or a potential defendant, against whom a claim may
be brought before the DIFC Courts.
3. A claim for the disclosure of funds
or assets owned by the defendant or applicant in applications and claims that
fall within the jurisdiction of the DIFC Courts.
4. Applications, claims, or current or
future arbitral proceedings brought outside the DIFC seeking suitable
precautionary measures within the DIFC.
A. The
DIFC Courts shall comprise of the following:
1. Court of Appeal;
2. Courts of First Instance, which
includes specialised courts formed therein; and
3. Small Claims Tribunal.
B. The
order of these DIFC Courts shall be as set forth in paragraph (A) of this
Article and shall have exclusive jurisdiction in accordance with this Law and
the procedures stipulated under the Rules of the Courts.
A. The
Court of Appeal shall consist of one circuit or more, comprising three (3)
Judges in each circuit, or in an exceptional case, upon a decision issued by
the Chief Justice in this regard, five (5) Judges.
B. The
Court of Appeal is to be presided over by the Chief Justice of the DIFC Courts,
or by the next most senior Judge, when necessary.
C. The
Court of Appeal has exclusive jurisdiction to hear and determine:
1. Appeals filed against judgements and
decisions issued by the Courts of First Instance;
2. Requests for interpretation by the
Courts of First Instance concerning any matter brought before it; and
3. Requests for interpretation of any
DIFC Laws and DIFC Regulations upon an application submitted to the Chief
Justice by any of the DIFC Bodies, DIFC Establishments, or Licensed DIFC
Establishments. Such interpretation shall have the same authority as the
interpreted Legislation or Regulation.
D. Judgements
shall be handed down unanimously or by majority, in the event of a dissent, the
dissenting Judge may include his dissenting opinion.
E. The
Court of Appeal may, in exercising its appellate jurisdiction under paragraph
(C) of this Article:
1. issue any order that could have been
issued or granted by the Courts of First Instance;
2. affirm or vary the judgement or
decision issued by the Courts of First Instance;
3. attach terms or conditions to an
order it issues;
4. annul or set aside a judgement or
decision;
5. refer any claim or issue for
determination by the Courts of First Instance;
6. issue an order for a new trial or
hearing;
7. compel or prohibit a specific action
or an action of a specific class;
8. issue an order on a declaration of
facts;
9. order the payment of interest;
10. make an order with respect to costs;
or
11. make any other order that the Court
of Appeal considers appropriate or just.
F. Subject
to paragraph (A) and paragraph (B) of this Article, a single Judge may exercise the appellate
jurisdiction of the Court of Appeal to consider and determine matters relating
to an application for:
1. Permission to appeal before the
Court of Appeal against the judgement issued by the Courts of First Instance;
2. Appeals against judgements and
decisions issued by the Enforcement Judge;
3. An extension of the time for filing
an appeal before the Court of Appeal against the Courts of First Instance
judgement;
4. Permission to amend the grounds of
an appeal brought before the Court of Appeal; and
5. Stay of proceedings.
G. The
Rules of the Courts shall prescribe the time within which an appeal can be
brought and the procedures and conditions relating to the filing and
progression of the appeal.
Judgements rendered by the Court of Appeal shall be final
and conclusive and shall not be appealed in any way.
A.
The Courts of First Instance
shall consist of specialised courts, whose composition and jurisdiction shall
be determined by way of a decision of the Chief Justice and shall consist of
one (1) or more divisions, each comprised of a single Judge.
B. Subject
to the DIFC Courts’ jurisdiction as provided for in Article (14) of this Law,
the Courts of First Instance shall have jurisdiction to hear and determine:
1. Insolvency claims in accordance with
the provisions of the DIFC Laws, DIFC Regulations, and the Rules of the Courts;
2. Appeals or claims for judicial
review of statutory decisions and procedures taken by the DIFC Bodies which are
subject to appeal under the DIFC Laws, DIFC Regulations, and the Rules of the
Courts;
3. Applications for an injunction order
restraining a person from engaging in conduct or requiring a person to carry
out a certain act or action, and any other order the Court considers
appropriate.
4. Appeals against decisions or
procedures made by the committees formed within the DIFC Bodies as provided for
in the DIFC Laws, DIFC Regulations and Rules of the Courts.
5. Appeals against judgements and
orders issued by the Small Claims Tribunal, which are subject to appeal under
the DIFC Laws, DIFC Regulations, and Rules of the Courts.
C. Each
specialised court shall have a Judge in charge of no less than an appellate
judge level appointed by the Chief Justice. In the absence of a Judge in charge
of a specialised court, a presiding judge shall be appointed by the Chief
Justice to replace him. The Chief Justice may transfer Judges of the
specialised courts from one court to another.
A. The
Small Claims Tribunal shall be constituted of one (1) circuit or more. The
Chief Justice shall determine its processes and the value and type of claims.
B. A
Member of the Small Claims Tribunal shall hear and determine the claims before
the Small Claims Tribunal, in addition to any other duties assigned under the
Rules of the Courts.
A.
Judgements of the Small Claims
Tribunal may be appealed before the Courts of First Instance in accordance with
the procedures established under the DIFC Laws, DIFC Regulations, Rules of the
Courts or any Practice Direction or Order issued by the DIFC Courts, where the
appeal relates to:
1. a question of law;
2. an allegation of a miscarriage of
justice;
3. an issue of procedural fairness; or
4. a matter provided for in or under
DIFC Laws.
B.
The Courts of First Instance may, in
the exercise of their appellate jurisdiction under this Article, issue any
orders or carry out any functions set out in paragraph
(E) of Article (17) of this Law.
C.
Judgements issued by the Courts of
First Instance under paragraph (A) of this Article are final and are not
subject to any form of appeal.
A. A committee named the “DIFC
Courts Affairs Committee” shall be established in the DIFC Courts, presided
by the Chief Justice consisting of:
1. The most senior Deputy Chief Justice
of the DIFC Courts;
2. A Judge selected by the Chief
Justice;
3. The Director of the DIFC Courts;
4. The Deputy Director of the DIFC
Courts;
5. The Registrar; and
6. The Chief Operating Officer of the
DIFC Courts.
B.
The Chairman of the DIFC Courts
Affairs Committee may seek the assistance of anyone he deems appropriate with
experience and expertise to attend its meetings and deliberations.
C.
The Courts Affairs Committee shall
carry out the following duties and powers:
1. Proposing a general policy,
strategic plans, objectives and development plans for the judicial and
administrative bodies of the DIFC Courts;
2. Coordinating and creating an
integrative mechanism between the judicial cadre and the administrative bodies
of the DIFC Courts, in accordance with their functions under the DIFC Laws,
DIFC Regulations and the Rules of the Courts;
3. Proposing and reviewing draft laws,
rules, bylaws and regulations relating to the DIFC Courts, or draft DIFC laws
referred to the DIFC Courts for feedback;
4. Determining upon matters submitted
to it by the President; and
5. Exercising any other duties or
powers assigned to it by the Ruler or the President.
The DIFC Courts shall apply the DIFC Laws and DIFC
Regulations to the proceedings before them, except where the DIFC Laws and DIFC
Regulations provide otherwise or where the parties have expressly agreed that
another law shall govern their dispute.
A. Power
to Appoint Assessors:
1. For the purposes of any case pending
before any of the DIFC Courts, a Judge may appoint one or more Assessors who
shall be independent and experts in their field, to assist the DIFC Court in
the determination of any of the issues arising in a proceeding before the DIFC
Courts. Prior to commencing duties, an Assessor shall take an oath or
affirmation in accordance with the Rules of the Courts.
2. If an Assessor appointed under
sub-paragraph (A)(1) of this Article provides advice to the DIFC Courts, the
parties to the proceedings shall be given an opportunity to make submissions on
the Assessor’s advice.
3. If a Judge relies to a substantial
extent on the advice of the Assessor, the judgement shall mention the issues on
which, and the extent to which, the advice was relied upon by the Judge.
4. The Registrar shall issue an order
for payment to any Assessor appointed under this Article a fee as set out in
the Rules of the Courts for carrying out his duties and shall reimburse him for
any expenses reasonably incurred.
5. An Assessor who has or may have a
conflict concerning the subject matter of the proceedings shall disclose the
matters giving rise to that conflict to the Judge and the parties to the
proceeding.
6. For the purposes of this Article, an
Assessor has a conflict of interest in relation to proceedings if the Assessor
has any interest, pecuniary or otherwise, that could conflict with the proper
performance of the Assessor's functions in relation to the proceedings.
B. Power
to appoint Receivers and Provisional Liquidators:
1. A DIFC Court may, by interim order
and at any stage of the proceedings, appoint a receiver or provisional
liquidator; and
2. The DIFC Court may attach any terms
and conditions to the appointment the DIFC Court considers appropriate and may
provide the receiver and provisional liquidator with any powers it considers
necessary.
C. The
DIFC Court has power to issue any interim orders it considers just or
appropriate including restitution, disgorgement, compensation, damages, or
damages in substitution for an injunction; or award any other form of
compensation set out in the DIFC Laws and DIFC Regulations.
D. The
DIFC Court has the power to make orders as to the conduct of any proceedings
before the Court that it considers appropriate, including but not limited to:
1. orders prescribed by any legislation
issued under the DIFC Laws;
2. injunctions, including orders to
perform an act;
3. interim or interlocutory orders as
stipulated in the DIFC Laws;
4. orders made without notice to any
other party, where required under the circumstances;
5. contempt orders;
6. orders made for the proper
administration of justice; or
7. referral of matters that constitute
a crime under the legislation in force in the Emirate to the Attorney General
of Dubai.
E. The
DIFC Court may, if it considers it appropriate:
1. stay the enforcement of any
decision, order, or proceeding;
2. join any party to an action or
proceeding;
3. suspend the operation of an
injunction or other interim order; or
4. make any other order necessary for the proper
administration of justice.
F. The
DIFC Court may, of its own initiative or on the application of a party, summon
any person to appear before it as a witness and order him to provide any
documents it deems necessary for the proper administration of justice.
G. The
DIFC Court may order a person to appear before the DIFC Court and give evidence
under oath or affirmation in relation to any proceedings before it. Subject to
this Article, the DIFC Court may:
1. provide directions concerning the
time, place and manner of the examination.
2. permit any party to the proceeding
to give evidence or testimony in a manner or on terms as the DIFC Court
directs; and
3. order the payment of a financial
penalty by a person who fails to comply with an order made under this Article.
H. Where
the DIFC Courts have ordered the payment of damages, interest, costs or fines,
or any order made involving financial amounts, the amount may be recoverable as
a debt due and payable.
I. The
Court has discretion to require a party to provide security for costs of the
proceedings on terms and conditions it considers appropriate, save that the
DFSA or the Registrar of Companies cannot be ordered to provide security in
proceedings initiated by the DFSA or the Registrar of Companies under the DIFC
Laws and DIFC Regulations.
J. The
DIFC Courts may, for the interest of justice, issue an order prohibiting or
restricting the publication of evidence or any part of the proceedings pending
before it.
The procedures of litigation, evidence, interim and
precautionary measures and enforcement of judgements shall be determined in
accordance with the DIFC Laws, the DIFC Regulations, and the Rules of the Courts.
The DIFC Courts shall not require the DFSA or the
Registrar of Companies to provide an undertaking as to damages as a condition
for granting an injunction or issuing any order made under the DIFC Laws, DIFC
Regulations, or the Rules of the Courts.
Notwithstanding the provisions of this Law, no
proceedings before the DIFC Courts shall be invalidated by reason of any technical defect or procedural
irregularity, unless otherwise ordered by the DIFC Courts.
Proceedings which fall within the DIFC Courts
jurisdiction under this Law, DIFC Laws, DIFC Regulations, and Rules of the
Courts must not be commenced more than six (6) years after the date of the
events that give rise to the proceedings, unless the DIFC Laws or DIFC
Regulations provide otherwise.
A. Enforcement
shall be carried out under the supervision of the Enforcement Judge, who shall
be appointed from among the DIFC Courts’ Judges based on an order issued by the
Chief Justice. In carrying out the enforcement proceedings, the Enforcement
Judge shall be assisted by enforcement bailiffs and other entities as
contracted by the DIFC Courts for this purpose.
B. The
Enforcement Judge shall apply all procedures established in accordance with
this Law and the Rules of the Courts.
C. The
Enforcement Judge may stay the enforcement of a judgement, decision or order
issued by the DIFC Courts and for a specified period of time and on terms he
may think appropriate, in the event he is satisfied that a judgement debtor is
impecunious, and he may lift the stay when it appears that the cause of the
inability ceases to exist.
A. A
compulsory enforcement shall only be permissible under an Enforcement Writ as
defined in this Law and the Rules of the Courts.
B.
“Enforcement Writ” shall include the
following:
1.
Judgements,
Decisions or Orders issued by the DIFC Courts;
2. Arbitral Awards ratified by the DIFC
Courts;
3.
Documents
certified in accordance with this Law;
4. Signed settlement agreements that
are approved by the DIFC Courts Mediation Centre;
5. Settlement agreements ratified by
the DIFC Courts
in
the course of the proceedings; and
6. Other documents to which any
applicable Law grants an enforcement status.
C. Enforcement
Writs shall be worded in the format prescribed by the Rules of the Courts.
D.
All authorities and competent
entities in the Emirate shall proceed with the enforcement of the Writ, by
force if so required.
Subject to Article (29) of this Law, the Enforcement
Judge shall have jurisdiction over:
1.
The
enforcement of final judgements, orders, and decisions issued by the DIFC
Courts when the subject matter of enforcement is within the DIFC;
2.
The
enforcement of judgements and judicial decisions issued by foreign or local
courts, including the Dubai Courts, in the event that the enforcement shall
fall onto any of the DIFC Bodies, DIFC Establishments, Licensed DIFC
Establishments, or any other entity within the DIFC.
3.
The
enforcement of Arbitral Awards ratified by the DIFC Courts, in the event the
enforcement shall fall onto any of the DIFC Bodies, DIFC Establishments,
Licensed DIFC Establishments, or any other entity within the DIFC.
4.
The
enforcement of judgements and judicial decisions affixed with the executory
formula issued by local or foreign courts, including the Dubai Courts, as well
as interim and precautionary orders and decisions issued by local or foreign
courts, including the Dubai Courts, and arbitral tribunals, inside the DIFC,
and in accordance with the Rules of the Courts.
5.
The
enforcement of Non-Muslim Wills registered in the DIFC, whether the subject
matter of enforcement is within or outside of the DIFC.
6.
Determination
of all disputes related to interim, precautionary and urgent enforcement; and
issuance of judgements, decisions and orders relevant thereto, in all
circumstances in which the DIFC Courts have jurisdiction over the claim or
application subject matter of the enforcement writ.
7.
Determination
of all disputes related to interim, precautionary and urgent enforcement; and
issuance of judgements, resolutions, and orders relevant thereto within the
DIFC, in cases where enforcement is based on an enforcement writ issued by an
entity other than the DIFC Courts. In these cases, the DIFC Courts’ Enforcement
Judge may not review the merits of the judgement, order, or decision subject to
enforcement, except as provided by in this Law, in regard to enforcement
procedures, without prejudice to the origin of the right adjudged.
1. the judgement, order, or decision
issued by the DIFC Courts to be enforced shall be final and executory;
2. the judgement, order, or decision
issued by the DIFC Courts to be enforced shall be accompanied by an official
translation to the Arabic language;
3. the executory formula shall be
affixed to the judgement, order, or decision issued by the DIFC Courts;
4. the DIFC Courts issue an official
letter to the Dubai Courts requesting the deputisation of another court for the
enforcement of the judgement, order, or decision issued by the DIFC Courts; and
5. the settlement of the prescribed
enforcement fees by the party seeking enforcement as required by the Dubai
Courts.
B. The
Civil Code applied in the Dubai Courts shall be applicable to the enforcement
of the DIFC Courts’ judgements, orders, and decisions under this Article.
However, the
Enforcement Judge in Dubai Courts may not review the merits of the case, except
as stipulated in this Law in regards to enforcement procedures, and without
prejudice to the origin of the right adjudged.
C.
The Dubai Courts’ Enforcement Judge
who carries out the enforcement in accordance with this Article shall inform
the DIFC Courts’ Enforcement Judge of the actions taken with regards to the
enforcement proceedings and he shall transfer any funds received, and in the
event that the Dubai Courts’ Enforcement Judge determines that there are legal
reasons preventing him from enforcing the Writ, he shall inform the DIFC
Courts’ Enforcement Judge of his decision.
The provisions of Articles (30), (31), and (32) of this
Law shall not prejudice the application of any international treaties and
conventions to which the State is a signatory or acceding party relating to
enforcement of foreign courts judgements, decisions, and awards.
Subject to the provisions of Article (14) of this Law, the decisions of
the Enforcement Judge may be appealed directly to the Court of Appeal in
accordance with the Rules of the Courts.
A.
In addition to the penalties
prescribed in accordance with applicable legislation, anyone who commits any of
the following acts or omissions shall be punished with a fine prescribed by the
DIFC Courts in accordance with the Rules of the Courts:
1. Wilfully insulting a Judge, the
Registrar, Judicial Officer, Member of the Small Claims Tribunal, witness, expert,
interpreter, DIFC Courts officer, or lawyer conducting business in the DIFC
Courts, either before or during proceedings;
2. Wilfully interrupting the
proceedings of the DIFC Courts or otherwise misbehaving in the DIFC Courts;
3. Wilfully submitting fraudulent
evidence to the DIFC Courts to obstruct the course of justice;
4. Damaging or vandalising any property
belonging to the DIFC Courts, its Judges or its members;
5. Failing to comply with, or declining
to act upon, a judgement, decision or order of the DIFC Courts; and
6. Insulting or publicly defaming the
DIFC Courts, or a Judge, Registrar, Judicial Officer, Member of the Small
Claims Tribunal, or a DIFC Courts Officer, whether on social media, traditional
media, or any other means of information technology.
B.
In addition to the penalty of the
financial fine referred to in Paragraph (A) of this Article, the DIFC Courts
may take any measures they deem necessary to ensure the proper administration
of justice or refer the matter to the Attorney General of the Emirate.
B.
The conditions for the appointment,
promotion, transfer, assignment, and secondment of Judges, as well as salaries,
allowances, titles, grading structure, and all other matters relating to
Judges, shall be determined by a relevant regulation issued by the President
upon the recommendation of the Chief Justice.
C.
The seniority of Judges shall be
defined from the date of the appointing decree or promotion unless the decree
states otherwise. Where multiple Judges are appointed or promoted in the same
decree, their seniority shall be determined based on their order within the
decree.
D. The
aforementioned Federal Law No. (7) of 1999 and Federal Law by Decree No. (57)
of 2023
shall apply to the Emirati Judges.
E.
At the time of appointment and
before commencing his duties, a Judge shall take an oath of office before the
Ruler or any of his delegates in the following terms:
“I swear by Almighty God that I will rule with
justice, discharge my duties faithfully and loyally, and that I will respect
the legislation in force”.
A.
The Judicial Officers shall be
appointed by the Chief Justice in consultation with the Director of the DIFC
Courts.
B.
The conditions for the appointment,
promotion, transfer, assignment, and secondment of the Judicial Officers, as
well as salaries, allowances, titles, grading structure, and all their matters,
shall be determined by a regulation issued by the President in this regard and
upon the recommendation of the Chief Justice.
C.
The seniority of the Judicial
Officers shall be defined from the date of the appointing resolution or
promotion resolution unless the resolution states otherwise. Where multiple
Judicial Officers are appointed or promoted in the same resolution, their
seniority will be determined based on their order within the resolution.
D.
The aforementioned Federal Law No.
(7) of 1999 and Federal Law by Decree No. (57) of 2023 shall apply to the
Emirati Judicial Officers.
E.
At the time of appointment and
before commencing their duties, the Judicial Officers, shall take an oath of
office before the Chief Justice or his delegate in the following terms:
“I swear by Almighty God that I will
discharge my duties faithfully and loyally and that I will respect the
legislation in force”.
A.
The DIFC Courts may require the
undertaking of all necessary oaths and affirmations upon written evidence for
the purposes of a proceeding brought before it.
B.
For purposes of paragraph (A) of
this Article, sworn written evidence to be used in proceedings in the DIFC
Courts may be sworn before:
1. A Judge, a Judicial Officer or the
Registrar;
2. A qualified lawyer;
3. Any person authorised to administer
oaths in the State; or
4. Any other person authorised to
administer oaths in the jurisdiction in which the evidence is sworn.
A. Judges
shall exercise their duties independently, adhering exclusively to the law, and
their independence must not be undermined.
B. Judges
shall not be liable for any act or omission in the performance of their duties.
C. No
proceedings of any kind may be brought against a Judge on matters related to
the performance of his duties except in accordance with the conditions, rules,
and cases specified by the Regulation Governing the
Affairs of the DIFC Courts’ Judges issued by the President.
A Judge may only be removed from office by a decree
issued by the Ruler for reasons of inability, incapacity, or misconduct that
affects judicial integrity taken place pursuant to a disciplinary enquiry
conducted by a committee established by the Ruler by virtue of a decree based
upon the recommendation of the President.
A.
The service of a Judge shall come to
an end for one of the following reasons:
1. Death;
2. Acceptance of resignation;
3. Reaching the age of retirement,
unless service is extended by a resolution issued by the President;
4. Removal from office pursuant to a
disciplinary inquiry in accordance with Article (40) of this Law;
5. Retirement referral or transfer to a
non-judicial position, in accordance with the provisions of the Regulation
Governing the Affairs of the DIFC Courts’ Judges issued by the President;
6. Expiry or termination of the terms
of engagement for the overseas Judges; and
7. Inability due to health according to
a medical report issued by a relevant health authority.
B.
A Judge may at any time resign from
office by way of a written notice addressed to the Ruler. The Judge’s
resignation will be accepted by way of a resolution by the Chief Justice
following the President’s approval. A decree will be issued by the Ruler if the
Judge’s term of office has reached a period of no less than ten (10) years.
C.
The entitlements of a resigned Judge
shall be settled on the date of acceptance of the resignation, in accordance
with the Regulation Governing the Affairs of the DIFC Courts’ Judges issued by
the President.
D.
The service of a Judge shall end in
the cases specified in sub-paragraphs (A)(3), (A)(4) and (A)(5) of this Article
by a decree issued by the Ruler.
The DIFC Courts shall charge the fees prescribed by a
relevant resolution of the President for applications and claims brought before the DIFC Courts
and for the services they provide.
A. This
Law shall supersede DIFC Law No. (10) of 2004, and Dubai Law No. (12) of 2004.
B. Any
provision in any other legislation shall, to the extent that it contradicts the
provisions of this Law, be repealed.
C. The
regulations and resolutions issued by DIFC Law No. (10) of 2004 and Dubai Law
No. (12) of 2004 shall, to the extent that they do not contradict with the
provisions of this Law, continue to be in force until new superseding
resolutions and regulations are issued.
This Law shall be published in the Official Gazette and
shall come into effect as of the next date of the publication of the Official
Gazette.
Mohammed bin
Rashid Al-Maktoum
Ruler of Dubai
Issued in Dubai on 3 March 2025
Corresponding to 3 Ramadan 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.