DIFC Courts

DIFC Courts’ Users’ Committee (“CUC”) Charter

Purpose

To act as liaison between DIFC Courts and all users of the DIFC Courts, including legal practitioners that are registered with the DIFC Courts.

To assist the DIFC Courts to provide an efficient, accessible, transparent and professional service to its users.

To advise the Courts about:

  • the current performance and reputation of the Courts as perceived by the Committee members, their representatives and participants in the Dubai legal community;
  • the strategic direction required for the Courts to maintain and improve their performance and reputation;
  • developments taking place in other judicial systems which, if adopted, might benefit the DIFC Courts and its users; and
  • developments and trends in the UAE legal sector which may have an impact on the DIFC Courts and their operation.

To suggest ways of improving the efficiency of the Courts’ procedures so that cases can be heard and determined efficiently, cost effectively and without undue delay, all without compromising the quality of the service and the Courts’ aim of dealing fairly and justly with all users.

Scope of Authority

The CUC shall advise the Chief Justice about administrative issues related to the Courts and any other appropriate issues which will help increase the level of users’ satisfaction. The CUC shall not have any authority over the implementation of the suggestions or the advice, judicial matters and/or the administrative work of the Courts, including without limitation:

  • Strategic matters
  • Judicial matters
  • Policy matters of the Centre
  • Communications (e.g. with external entities, governments, bodies, etc)
  • Specific cases pending before the Courts

and the Chairperson shall, in his or her sole discretion, determine which matters may properly be considered to be covered by this section.

Members

The CUC shall consist of the following voting members:

  • Group 1 – the DIFC Authority and the DFSA;
  • Group 2 – three law firms owned/operated by a United Arab Emirates (“UAE”) National or UAE Nationals, licensed to practice law in the Emirate of Dubai and or in the UAE (each referred to as a “UAE Firm”);
  • Group 3 – three law firms not owned/operated by a UAE National or UAE Nationals, licensed to practice law in the Emirate of Dubai and or in the UAE but have some international presence (each referred to as an “International Firm”);
  • Group 4 – three law firms, licensed to practice law in the Emirate of Dubai and or in the UAE, but being firms which cannot be categorized as either a UAE Firm (on the basis that it is not operated by a UAE National or UAE Nationals), or an International Firm (on the basis that the firm has their first offices set up in the UAE and thereafter offices with international presence) (each referred to as a “Domestic Firm”); and
  • Group 5 – three barristers or self-employed practitioners who are Part II registered DIFC Courts’ practitioners having no less than 10 years’ experience in litigation and/or dispute resolution, 5 of which must have been either the lead counsel or lead solicitor in active litigation/arbitration proceedings. These individuals must not be employed with any law firm (each referred to as a “Individual Practitioner”).

Members representing the law firms shall be a partner-level standing within a Part I registered law firm: having no less than 10 years’ experience in litigation and/or dispute resolution.

In addition, the Chief Registrar and Registrar of the Courts shall be ex-officio but non-voting members.

Each voting member shall be represented by a delegate (the “Delegate’) who shall have the right to vote on behalf of the member at meetings. It is the responsibility of the member to nominate that Delegate and to inform the Chairperson should that nomination change.

Each Delegate may be accompanied by another person (i.e., a professional colleague) on prior notice to the Chairperson, but such other person shall not have any voting rights.

If a Delegate is unable to attend a proxy may be permitted to attend on prior notice to the Chairperson. Such proxy shall have the same voting rights as the Delegate.

For the avoidance of doubt, it is expected that Delegates will make every effort to attend all CUC meetings and the nomination of a proxy shall be exceptional.

Not less than one month prior to the first meeting of each calendar year the Secretary of the CUC shall write to all practitioners registered with it, requesting nominations to join the CUC.

Each nomination submitted must be accompanied by detailed reasons for the nomination, including details of the intended Delegate.

At the first CUC meeting of each calendar year the voting members shall elect to the CUC from the nominees:

  • a UAE Firm
  • an International Firm
  • Domestic Firm; and
  • Individual Practitioner

Upon the election of those members, the longest serving UAE Firm, International Firm, Domestic Firm and Individual Practitioner shall retire from the Committee. Should two or more members of Group 2, Group 3, Group 4 and Group 5, be due to retire at the same time, they shall endeavour to agree which member shall retire, failing which the decision shall be referred to the Chief Justice.

In the event the number of:

  • UAE Firms on the CUC are less than three, the CUC may appoint such number of additional UAE Firms to the CUC as is necessary to ensure that there are three UAE Firms on the CUC.
  • International Firms on the CUC are less than three, the CUC may appoint such number of additional International Firms to the CUC as is necessary to ensure that there are three International Firms on the CUC.
  • Domestic Firms on the CUC is less than three, the CUC may appoint such number of additional Domestic Firms to the CUC as is necessary to ensure that there are three Domestic Firms on the CUC.

Should any member fail to send the Delegate or a proxy to two consecutive meetings without having provided a reasonable excuse to the Chairperson, that membership shall be revoked.

The CUC may establish sub-committees and may appoint any person to assist the Committee, or to serve on a sub-committee. All sub-committees shall conduct their activities in accordance with the objectives of the CUC and subject to any directions of the CUC.

The Chief Justice may, if he considers it in the best interests of the CUC and its goals, vary or amend this Charter upon notification, and if time permits, consultation, with the CUC. In addition, should the Committee wish to vary or amend this Charter, that request shall be made on behalf of the CUC by its Chairperson to the Chief Justice.

Chairperson

The CUC shall be chaired by the Chief Registrar of the DIFC Courts.

Each meeting of the CUC will be chaired by the Chairperson, or by another individual nominated by the Chairperson and chosen from among the Delegates or the Registrar.

The Chairperson will be in charge of:

  • Managing the timely progress of the meeting and following up on tasks at the members’ level.
  • Reporting to the Chief Justice on key issues and suggestions made by the CUC members that would help the Courts to achieve their goals and visions.
  • Re-assigning issues that the CUC views must be handled by the Chief Justice.

Meeting Votes and Documentation

The venue for each meeting shall be determined by the Chairperson.

A quorum shall be duly constituted when at least four voting members or their Delegates are represented at the meeting. When a quorum is present, matters shall be determined by a majority vote cast on behalf of voting Members who are represented at the meeting.

The Chief Justice shall have the deadlock vote after consultation with the Chairperson of the CUC.

It is the responsibility of the CUC Secretary, who will be one of the Courts’ staff, to compile the necessary documents in a timely manner.

The CUC Secretary shall record minutes of each meeting which shall be distributed to all members not later than two weeks thereafter.

Confidentiality

At any of its meetings, the CUC may determine, by a majority of the voting members present, that all or part of the proceedings shall be treated as confidential to its members.

Timings

The CUC shall hold three meetings a year during the first two weeks of the months of April, September, and December, or at such other times as they may agree. Further meetings may be called by the Chairperson on his or her own motion or upon the request of three voting members of the CUC upon not less than three days’ notice in writing to all members.