New Judicial Tribunal for the DIFC Courts and Dubai Courts
Type
E-journal
Date
29 Jun 2016
Jurisdiction
Dubai International Financial Centre, Dubai
Taxonomy
Enforcement of Judgments, Jurisdiction & Choice of Law
Copyright
LexisNexis
Relevant company
Clyde & Co
Analysis
In what could be a significant development for Dubai's legal system, a new Dubai Decree was issued by HH The Ruler of Dubai (Dubai Decree No 19/2016, the Decree) on 9 June 2016 to provide for the establishment of a new 'Judicial Tribunal for the Dubai Courts and the DIFC Courts' to rule on (i) conflicts of jurisdiction and (ii) conflicts of judgments, between the DIFC Courts and the Dubai Courts. While there is currently no commentary or guidance published in relation to the Decree or the Judicial Tribunal, the Decree signals an important development in regulation of the relationship between the Courts of Dubai.
To summarise some key provisions of the Decree:
The Judicial Tribunal comprises judges of the DIFC Court (3 members) and Dubai Court (4 members), with the decision of the majority prevailing.
Applications to the Judicial Tribunal are noted to have the effect of staying the related underlying proceedings in both the DIFC Courts and Dubai Courts.
Deliberations of the Judicial Tribunal will be private and its decisions shall be issued no later than 30 days following an application.