DIFC Courts, Dubai Courts clarify jurisdiction

Dubai: The Dubai International Financial Centre (DIFC) Courts, the centre's independent, common-law judicial system, Monday said they were signing a protocol with the Dubai Courts to clarify the jurisdictions governed by each court, providing greater legal certainty for businesses and individuals in Dubai, the UAE and internationally.

The jurisdiction protocol was created to increase the efficiency of Dubai's judicial system by clearly identifying which of Dubai's courts should hear and determine particular cases, enabling parties to know the correct court to which their cases should be submitted.

According to the protocol, the Dubai Courts and DIFC Courts agree that the DIFC Courts shall have exclusive jurisdiction over civil or commercial cases and disputes involving the DIFC or any company licensed to operate from the DIFC.

The DIFC Courts also have jurisdiction over any civil or commercial case and dispute arising from, or related to, a contract or financial transaction that has been performed in whole or in part within the DIFC. Under the protocol, any cases that fall outside these criteria, including all criminal cases, will be handled by the Dubai Courts.

Dr Ahmad Saeed Bin Hazeem, director general of Dubai Courts, said: "As pillars of the Dubai legal system, the Dubai Courts and the DIFC Courts are committed to working together to achieve full judicial cooperation, which will have a highly positive impact on the maintenance of a strong judicial system in Dubai. This cooperation further strengthens the relationship between the Dubai Courts and the DIFC Courts, which was reinforced by the signing of a memorandum of understanding for cooperation, as well as a protocol on enforcement, earlier in the year."

Independent

The DIFC Courts is an independent court system established to uphold the provisions of DIFC laws and regulations. They provide the protection of a common-law court system, with an internationally renowned bench of judges versed in commercial disputes, to ensure transparent and efficient justice in civil and commercial matters.

Critically, the DIFC Courts are the only courts in Dubai that conduct legal proceedings in the English language and, as such, are highly valued by the international business community operating in the region.

Commenting on the protocol, Justice Omar Al Muhairi, a resident judge at the DIFC Courts, said: "The signing of the jurisdiction protocol is yet another example of the DIFC Courts and the Dubai Courts working together to benefit the community..."