Dubai: The very idea of courts reminds one of long winding corridors of antiquated government buildings and dimly-lit rooms. But come to the Dubai International Financial Centre Courts and you will see an all-new concept of administering and delivering justice in a five-star ambience, but of course based on a solid legal framework and international best practices.

The DIFC Court is probably the most luxurious court anywhere on this planet. Its ultra-modern courtroom boasts of leather chairs and plasma screens. It is housed in purpose-built premises approached through sliding glass doors and granite hallways. Fitted with the latest audio and video-conferencing facilities, the court even offers litigants welcome drinks and newspapers.

It is not the luxury alone that distinguishes this special court. "There is probably no precedent in history that a financial jurisdiction has its own exclusive and independent courts to interpret and adjudicate its own laws," says Sir Anthony Evans, Chief Justice of DIFC Courts.

The court, which held its first sitting on October 25, 2005, has administered justice in a number of substantial disputes that came before it. The jurisdiction of the court is not limited to commercial transactions or regulatory appeals but includes all disputes arising out of any contract concluded, or any incident that occurs, in the DIFC. These include personal injury actions, employment claims, landlord and tenant issues and any number of smaller civil disputes.

The DIFC Courts were established under the laws enacted by the late Shaikh Maktoum Bin Rashid Al Maktoum in December 2004. The laws establishing the DIFC Courts meet the highest international standards of legal procedure, thus ensuring that the DIFC Courts provide the certainty, flexibility and efficiency expected by global institutions operating within the DIFC.

"The provision of this fundamental judiciary authority will be a significant step in the development of the region's legal system. The courts are operating to international standards, thus encouraging further investment into the region from the international business community, which is beneficial to the development of the economy as a whole," said Omar Bin Sulaiman, Governor of DIFC.

The DIFC Courts, mandated exclusively to deal with all the cases and claims arising out of the DIFC and DIFC operations, have three levels of courts such as the Court of First Instance, the Court of Appeal and the Final Court of Appeal and a small claims tribunal.

In late 2004, the Dubai government enacted two new laws creating a Judicial Authority and establishment of an independent court system for the Dubai International Financial Centre (DIFC).

The law on the Judicial Authority at the DIFC defines the jurisdiction of the court, allowing for the independent administration of justice in the DIFC. The DIFC Court Law sets out the powers, procedures, functions and administration of the court. The independent court system allows for a matter to be heard either within the DIFC Court or in a court of another jurisdiction if the parties so wish.

The DIFC laws are applicable by default unless the parties choose the laws of another jurisdiction. This flexibility takes into account the different circumstances and requirements of companies and institutions and allows them to ensure a dispute is heard within the legal framework that best suits them.

The laws provide for a court system designed especially for the sophisticated transactions conducted in the DIFC. The DIFC Courts carry out their functions in an independent manner in accordance with the provisions of the DIFC laws and regulations. While the DIFC Courts have jurisdiction only over civil and commercial matters, all criminal cases arising from the jurisdiction will be referred to Dubai Public Prosecution and Dubai Courts.

"We are not a criminal court and there's no way we can send people to prison, but we would be able to do this through the Dubai Courts. We work closely with Dubai Courts and other judicial bodies within the UAE. The jurisdiction and functions of DIFC Courts are well defined and the chances of clash with other jurisdictions are limited," Sir Evans said.

While the courts are independent of DIFC Authority and Dubai Financial Services Authority (DFSA), both these bodies will be under the jurisdiction of DIFC Courts.

The DIFC Courts have the power, in matters over which it has jurisdiction, to make any orders and to issue or direct the issue of any writs it considers appropriate. Orders may be made in relation to restitution, disgorgement, compensation or damages. The DIFC Courts may also waive any procedural requirements if the DIFC Courts are satisfied that an applicant is unable to meet the procedural requirement.

KEY ELEMENTS OFDIFC COURT LAW

Appointment of Judges
The DIFC Court judges appointed under Article 3(4) of the Judicial Authority Law are appointed for a specified period not exceeding three years, and may be re-appointed, provided that such period may not extend beyond the day when the judge turns 75 years of age. As per the DIFC Court Law, all judges shall take an oath of office before the Ruler or his delegate before commencing duties.

Removal of Judges
A judge may be removed from office by a decree issued by the Ruler for reasons of inability, incapacity or misbehaviour that is found to have taken place by an independent inquiry established by the Ruler, and whose findings have been published.

Remuneration
The judges shall receive remuneration determined by the Ruler on the recommendation of the Chief Justice. The rate of remuneration of a judge shall not be diminished while the judge is in office.

Court proceedings
All proceedings before the courts shall be conducted in English; and open to the public unless otherwise conducted by the presiding judge in the interest of justice. The Chief Justice is responsible for managing the administrative affairs of the DIFC Court. The DIFC Court will receive funding for this purpose from the Government of Dubai in accordance with Article 8(5) of Dubai Law No 9.

Enforcement of orders
Judgments, orders and awards issued or ratified by the DIFC Court may be enforced within the DIFC in the manner prescribed in the Rules of Court. Judgments, orders and awards issued or ratified by the DIFC Court may be enforced outside the DIFC in accordance with the Judicial Authority Law.

Funding
The Court receives its funding from the Government of Dubai for which it has to submit an estimate of the annual income and expenditure. Such estimates shall include figures relating to levels of remuneration and entitlement to expenses of judges, registrars, officers, employees and agents of the DIFC Court.

WHO'W WHO: Legal Luminaries

In keeping with the international stature of the DIFC Courts, judges of international repute are presiding over the court. The court recently appointed six new judges, including a female judge and two UAE national judges.

Sir Anthony Evans, a former High Court judge in England and Wales from 1984 until 1992, heads the court. He was a Lord Justice of Appeal (a member of the Court of Appeal) from 1992 until his retirement in 2000. Before being appointed as judge, Sir Anthony practised as a barrister, specialising in commercial cases. He became Queen's Counsel in 1971 and a Recorder of the Crown Court in 1972. As a High Court judge, he sat regularly in the Commercial Court, and from 1990 until 1992 he was judge in charge of the commercial list. Since 2000, he has continued to sit from time to time in the Court of Appeal and as a member of the Judicial Committee of the Privy Council. He is also a member of the Court of Appeal in Bermuda.

Michael Hwang SC, Deputy Chief Justice of DIFC Courts who was also appointed in April 2005, has previously worked as a Judicial Commissioner and as one of the first 12 Senior Counsel of the Supreme Court of Singapore. Between 2000 and 2003, he also served as a Commissioner of the United Nations Compensation Commission.

Sir Anthony Colman has been a Judge of the Commercial Court in the High Court, London, from 1992 to 2007, specialising in commercial litigation of all kinds, in particular: international oil and gas industry disputes; international sole agency and joint-venture disputes; primary insurance and reinsurance disputes; international banking and credit disputes; commercial fraud; and hearing innumerable cases on arbitration law and practice.

David Williams QC has over 30 years' experience as counsel in commercial litigation before New Zealand and overseas Courts, Tribunals and Arbitral Tribunals. He has also served as a Justice on the High Court of New Zealand and has focused on international commercial arbitration.

Omar Juma Mohammad Saif Al Fejeer Al Muhairi was appointed a Senior Judicial Officer at the DIFC Courts in August 2005 and was appointed as a Small Claims Tribunal Judge in 2007. He started his legal career in 1994 as Public Prosecutor and in 1998 he was appointed as one of the first Dubai Court judges. In 2004, he joined the Dubai Financial Services Authority, to provide expertise on local issues and the application of UAE and Dubai legislation to
the DFSA.

Ali Shamis Mohammad Shamis Al Madhani became Senior Judicial Officer at the DIFC Courts in August 2005 and was appointed Small Claims Tribunal Judge in 2007. He started his career in 1994 as Public Prosecutor. In 1998 he was appointed a Dubai Court judge. In 2004, he joined DFSA. As Dubai Court judge, he dealt with criminal, commercial and civil cases.

Tan Seri Dato Siti Norma Yaakob, a lady Muslim judge from Malaysia, became the first female common law judge in the UAE. She was previously Chief Judge of Malaya and has also acted as judge on the Malaysian Court of Appeal and the Federal Court of Malaysia.

Sir John Chadwick recently retired as Judge of the Court of Appeal of England and Wales, where he spent the past ten years. He also has a long professional career in litigation and advisory work, mainly in insolvency, property, company, banking and insurance matters, including litigation in Malaysia, Hong Kong and Bermuda.