June 21, 2009 Protocols and Memorandums
1- Procedures where a judgment, award or order of the DIFC Courts (including arbitral awards ratified by the DIFC Courts) falls for enforcement outside the Dubai International Financial Centre Court’s Jurisdiction.
a.It must be final1 and appropriate for enforcement.
b.It must be translated into Arabic by a legal translator2 and ratified3 by the DIFC Courts’ Registry.
c.Accompanying the judgment, award or order there must be a letter from the DIFC Courts’ Registry to the Chief Justice of Dubai Court of First Instance requesting enforcement of the judgment, award or order.
d.The documents must be submitted to the nominated Execution Judge from time to time in Dubai Courts4. The Dubai Courts’ Execution Judge will apply the Civil Procedures Law and has no jurisdiction to review the merits of a judgment, award or order of the DIFC Courts.
e.The applicable enforcement fee shall be paid by the applicant to the Dubai Courts.
2- Procedures where a judgment, award or order of the Dubai Courts (including arbitral awards ratified by the Dubai Courts) falls for enforcement within the Dubai International Financial Centre Court’s Jurisdiction.
a.It must be final5 and appropriate for enforcement.
b.It must be translated into English by a legal translator6 and ratified7 by the Dubai Courts’ Registry.
c.Accompanying the judgment, award or order there must be a letter from the Dubai Courts’ Registry to the Chief Justice of the DIFC Courts requesting enforcement of the judgment, award or order.
d.The documents must be submitted to one of the nominated Execution Judges from time to time in the DIFC Courts8. The DIFC Courts’ Execution Judge will apply the rules of the DIFC Courts (“RDC”) and has no jurisdiction to review the merits of a judgment, award or order of the Dubai Courts
e.The applicable enforcement fee shall be paid by the applicant to the DIFC Courts. Enforcement fee will be paid by the applicant to the DIFC Courts according to the fee shall be paid by the applicant to the Dubai Courts.
3- Any interim orders issued by either the Dubai Courts or the DIFC Courts shall be enforced by the same method as described in the respective section above.
1. Final in this context means that the judgment, award or order is final and unappealable in the DIFC Courts or, for orders made prior to or during the course of proceedings, is said on its face to be an ‘Enforcement Order’
2. Meaning a translator authorised by the UAE Ministry of Justice.
3. This involves the placing of a stamp by the DIFC Courts on the judgment, award or order.
4. At the date of this summary the nominated Execution Judge at Dubai Courts is HE Justice Jamal Mohammed Abdulhakam
5. Final in this context means that the judgment, award or order is final and unappealable in the Dubai Courts
6. Meaning a translator authorised by the UAE Ministry of Justice.
7. This involves the placing of a stamp by the Dubai Courts on the judgment, award or order.
8. At the date of this summary the nominated Execution Judges at DIFC Courts are His Excellency Justice Omar Al Muhairi and HE Justice Ali Al Madhani (bios and photos available at www.difccourts.ae)
