June 22, 2010 Protocols and Memorandums
MoU between the DIFC Courts and the Ras Al Khaimah Courts
INTRODUCTION :
A. The Ras Al Khaimah Courts were established under Emiri decrees numbered 7/71, 9/71, 14/71, 3/72 and then reorganised by law issued in 2002 which included the Public Prosecution and the Court of Appeal and the Court of First Instance.
B. In 2006 the Ras Al Khaimah Cassation Court was established under Law No. 4 of 2006.
C. The Ras Al Khaimah Courts’ Vision is to establish and maintain an advanced litigation facility and to deliver justice with complete transparency, independence and integrity: To provide the principles of fairness and impartiality, and to consistently dispense equal justice according to the law.
D. The DIFC Courts were established under Dubai Law No. 9 of 2004 and are the independent and limited judicial system within the Dubai International Financial Centre (“DIFC”), a Financial Free Zone established by Federal Decree No. 35 of 2004 further to Article 2 of Federal Law No. 8 of 2004. it guarantees the highest standards of legal performance , flexibility and efficiency expected by global institutions. Headed by eminent judges who have varied and extensive experience in different jurisdictions around the world, the DIFC Courts can handle all disputes within its limited jurisdiction.
E. The DIFC Courts’ Vision is to establish and maintain a world-class system of justice that is reliable, accessible, efficient and fair, with an commitment to the rule of law and the fulfilment of its statutory function. Its mission is unfailingly uphold the principles of fairness and impartiality, and to consistently dispense equal justice according to the law and international best practices.
F. The Ras Al Khaimah Courts and DIFC Courts share many strategic objectives, including strengthening the community’s confidence in the judicial system; clarifying and developing judicial legislation within their respective jurisdictions; providing accessible and superlative service to litigants and court users, strengthening judicial cooperation at local, federal, regional and international levels; promoting the use of modern technology to improve efficiency and service; to concerned parties creating performance standards for judicial work; and attracting and developing talented staff.
G. The Ras Al Khaimah Courts and DIFC Courts wish to enter into this MOU to provide a formal basis for co-operation, including the exchange of information and ideas.
H. This MOU is a statement of intent and does not modify or supersede any laws or regulatory requirements in force in the UAE, Dubai, Ras Al Khaimah or the DIFC.
PURPOSE AND PRINCIPLES
I. The parties desire and believe that the cooperation facilitated by this MOU will further enhance their mutual goals, vision and mission and it will:
1.promote a mutual understanding of each other’s founding laws, procedures, rules, policies and ambitions;
2. enable them to more effectively discharge their responsibilities to provide efficient and independent judicial systems based on excellence that provides a world class judicial service;
3. encourage frank and open discussion and exchange of views on the legal and judicial system, regulation of lawyers, ways of enhancing the development of judicial talent and other of the Courts’ respective shared strategic objectives;
4. develop closer ties between the parties including cross training;
5. encourage closer collaboration regarding the questions of jurisdiction, service and execution of mutual judgements;
6.facilitate swiftly the exchange of information about the use of information technology to improve the efficiency of the operation of the judicial systems (eg electronic case management) and enhance access to information in the Courtroom, both for the judges and the litigants (eg electronic court recording);
7. facilitate the development of protocols about all important judicial areas such as Service Procedures and enforcement.
8. facilitate discussions regarding the development of fees for civil and commercial disputes, and reducing double charging for cross-jurisdictional disputes;
9. facilitate discussion about judicial supervision and best practice internationally;
10. facilitate discussion about the use of awareness and education initiatives to improve public perception of the justice systems, and increase transparency and trust throughout the UAE, the GCC and the rest of the world;
11. identify areas to collaborate for judicial training, both in the UAE and internationally, including the use of study trips and job shadowing;
12. allow for the sharing of experiences with regard to the establishment and operation of small claims in a cost effective and efficient manner;
13. collaborate in the development of each party’s KPIs and identify areas of overlap which can be mutually achieved;
14. promote the integrity, efficiency and financial soundness of regulated banking institutions in the UAE and DIFC by creating an environment conducive to the prevention of fraud, money laundering and other prohibited practices.
K. The Ras Al Khaimah Courts and DIFC Courts have already established a ‘Joint Committee’ comprising two judges appointed by the Ras Al Khaimah Courts and two judges appointed by the DIFC Courts to develop recommendations and protocols concerning matters such as service of documents between the courts, enforcement of orders between the courts and resolution of jurisdictional questions that might arise between the courts. That committee will continue to operate and will be supported by the highest levels of both Courts.
F. The Ras Al Khaimah Courts and DIFC Courts agree to meet at least once per quarter, and on as needed basis for urgent matters, to discuss issues of mutual interest, including the formation of joint working groups (in addition to the one referenced above), technical assistance, cooperation and information sharing and training.
G. The Ras Al Khaimah Courts and DIFC Courts agree to keep the operation of this MOU under review and agree to consult when necessary to improve their operation and resolve any related matters that may arise in the implementation thereof.
COMMENCEMENT and TERMINATION:
H. This MOU takes effect from the date it is signed by both parties and will continue to have effect until terminated by either of them giving at least 30 days advance written notice to the other with reserving both parties rights. It may be amended by written and signed agreement.
I. Neither party will make any public disclosure or issue any press releases pertaining to the existence of this MOU or to the proposed collaboration without the written consent of the other party, such consent to include consent of the content of any such release.
J. Termination of this MOU does not affect obligations under this MOU concerning confidentiality of information, which shall continue to have effect.
Effective on: / / 2010
For the DIFC COURTS
Michael Hwang
