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The UAE's DIFC Courts administer a unique English-language common law system – offering swift, independent justice to settle local and international commercial or civil disputes. The Courts, based in Dubai, provide certainty through transparent, enforceable judgments from internationally-recognised judges, who adhere to the highest global legal standards.
DIFC Courts' successful track record supports Dubai’s growing status as an international business hub while serving companies in the UAE, the GCC and worldwide.
The Dubai International Financial Centre is an onshore financial Centre in the UAE. The DIFC’s strategic location, between the markets of the east and west, provides a secure and efficient platform for business and financial institutions to reach into and out of the emerging markets of the region.
The Centre offers independent regulation, supportive infrastructure and a tax-efficient regime, as well as a common law system.
Originally the DIFC Courts were established to hear cases relating to the DIFC only. In light of their success and far-reaching reputation for swift and efficient justice, the DIFC Courts’ jurisdiction was extended in October 2011. Decree no.16/2011 opened the Courts’ remit to hear:
The DIFC Courts apply the law governing the contract in question. Otherwise, they apply the DIFC’s common law system, based predominantly on that of the United Kingdom.
No, the DIFC Courts hear matters of commercial and civil law only.
The Courts operate in the English language. All hearings are conducted in English and all documents must be submitted in English.
One of the DIFC Courts’ central goals has been to complement the UAE’s established Arabic-language judicial system and to provide the domestic and international business community with a choice of platforms upon which they can settle their disputes. As an English-language-only Court, we provide a speedy resolution service for disputes regarding English-language contracts.
Should the UAE leadership wish to amend the law to introduce Arabic as an operating language, we have the facilities and capabilities to respond to this. Indeed more than half of our staff are Emirati, and are therefore Arabic speakers.
One of the DIFC Courts’ central goals has been to complement the UAE’s established Arabic-language judicial system and to provide the domestic and international business community with a choice of platforms upon which they can settle their disputes. As an English-language-only Court, we provide a speedy resolution service for disputes regarding English-language contracts.
Should the UAE leadership wish to amend the law to introduce Arabic as an operating language, we have the facilities and capabilities to respond to this. Indeed more than half of our staff are Emirati, and are therefore Arabic speakers.
DIFC Courts’ judgments must be enforced through the Dubai Courts, in accordance with the Federal Civil Procedures Law, provided that the procedure under the DIFC Law (Dubai Law No. 12 of 2004 as amended) is followed.
Since the coming into force of Law No. 16 of 2011, DIFC Courts’ judgments can be enforced in the other Emirates either through a Dubai execution judge or directly by the local “competent entity” within the UAE (see Article 7(2) of Law No. 16).
As a Court of the UAE, DIFC Courts’ judgments are enforceable within the GCC under the GCC Convention (1996) and throughout the Arab World under the Riyadh Convention (1983). DIFC Courts’ judgments and orders are also enforceable in France by virtue of the Paris Convention (1992), and in many other countries (including China and India) according to the domestic laws governing the recognition and enforcement of foreign judgments.
http://issuu.com/difccourts/docs/enforcement_guide_combined_single__?e=29076707/61750336DIFC Courts’ orders are regularly enforced within Dubai and vice versa. Further information on enforcement of DIFC Courts orders and judgments can be found in our enforcement guide http://issuu.com/difccourts/docs/enforcement_guide_combined_single__?e=29076707/61750336
All applications can be made through the Courts’ e-Registry – an online filing secure platform. Please see ‘Forms on the Courts’ website for guidance and for application documents. The Registry Office is open from 8am until 4pm, Sunday until Thursday.
Have the DIFC Courts ever enforced their judgments outside of the DIFC before and if so, where? DIFC Courts’ orders are regularly enforced within Dubai and vice versa. Further information on enforcement of DIFC Courts orders and judgments can be found in our enforcement guide http://issuu.com/difccourts/docs/enforcement_guide_combined_single__?e=29076707/61750336
The DIFC Courts' fee schedule can be found at the following link : https://www.difccourts.ae/about/fees
The Academy's Pro Bono Programme was the first of its kind in the Middle East and was implemented in 2009. It provides access to justice for those most in need. Since its launch, the Programme's register has attracted the support of 52 volunteer legal practices, who offer free representation to litigants who have a case in the DIFC Courts and who are financially in need and cannot afford a lawyer to represent them. The Programme has been used successfully on a number of occasions and in 2012 the scheme was extended to include a Pro Bono Clinic service (staffed by currently 152 trained lawyers), which operates once a week from 8.30am – 12.30pm. Details of these clinics are published in advance on the Academy of law's website.
Please click here for more information relating to the Pro Bono Programme.
The Courts require that all advocates and other users abide by the Code of Professional Conduct. The Code, which sets out a requisite standard of professional behaviour when dealing with the Courts, was first published in 2009 and has been updated on 25 August 2017. A copy of the Code is available on the Courts' website.
The DIFC Courts' Judicial Bench comprises the following judges:
The bench is supported by Judicial Officer, Maitha Al Shehhi.
Please click here to view the judges' biographies (https://www.difccourts.ae/about/court-structure/judges)
DIFC Courts' hearings in public cases are open to the public and the media. Guides on how the public and the media should behave at a hearing are available here:
Public Guide https://www.difccourts.ae/2013/12/31/public-guide/
Media Guide: https://www.difccourts.ae/2013/12/31/media-guide/
DIFC Courts, the Dubai International Financial Centre's (DIFC) independent, common law judicial system, have introduced a new, groundbreaking, fully paperless infrastructure in continued efforts to further improve effectiveness and as part of a commitment to operating in a sustainable manner. The Courts are setting a positive example for the region as they combine best-in-class organisation, accessibility and transparency with an environmentally conscious approach.
The paperless, digital storing-initiative is part of the Courts' continued efforts to increase efficiencies, ensure maximum security and to reduce their carbon footprint. . In excess of 136,000 papers from the inception of the Courts in 2005 have been transferred to the new system and are now stored electronically. Only original pleadings and documents sealed by the Courts are maintained and stored offsite, after the case has closed.
https://www.difccourts.ae/e-bundle/
In line with His Highness Sheikh Mohammed bin Rashid Al Maktoum’s vision, the Courts’ are dedicated to developing national advocates. A conference to engage this community and to present the opportunities for Emirati lawyers at DIFC Courts was held in March 2012. An MOU was signed at the conference between the DIFC Courts and the Dubai Institute for Training and Judicial Studies, in which both parties outlined their commitment to training and further developing Emirati lawyers within Dubai’s English-language, common law system.
The Courts have since launched the ‘DIFC Courts’ Academy’ – a certified training programme by top international experts which has been designed for Emirati and other advocates wishing to practice in the DIFC Courts in future.
The Academy’s first course began in November 2012. This was fully subscribed and a further course has been arranged to begin in April 2013.
The Small Claims Tribunal (SCT) at DIFC Courts is an increasingly popular option for businesses in Dubai, UAE and beyond for small claims, especially when people want to have their commercial and employment disputes heard in English.
Small claims are defined as: When the amount or value of the claim is not greater than AED 500,000
or
or
To apply for a position with the Courts, please send a copy of your CV and expression of interest to our HR department at hr@difccourts.ae.
All judgments that are available to the public can be located on the DIFC Courts website. Should the judgment you are searching for be unavailable on the website, it may be because it has been made in relation to a private case. https://www.difccourts.ae/rules-decisions/judgments-orders
A list of practitioners registered with the DIFC can be found here
The DIFC Courts Small Claims Tribunal is located within the DIFC Free Zone and operates under English common law. It does not hear criminal claims. The DIFC Courts SCT covers all commercial contracts, but not employment or property claims outside of the DIFC.