16 Aug 2017
When the DIFC Courts’ Small Claims TribunalDIFC CourtsThe Court of First Instance (including any circuit or division), the Court of Appeal and Tribunals established in accordance Article 14(3) of the Court Law . (SCT) was established in 2007, it signalled a shift in the region’s approach to resolving lower value, relatively straightforward commercial disputes. Rather than seeking to hear those types of cases in a courtroom with teams of lawyers and panels of judgesTribunalTribunal established by the Chief Justice of the DIFC Courts under Article 14(3) of the Court Law ., the SCT offered a system better suited to the scale of the dispute and, often, the circumstances of those involved.JudgeChief Justice and any Judges appointed under Article 9 of the DIFC Courts Law 2004.
The Tribunal’s emphasis is on finding a solution that works for both parties, so the first step is a consultation with a certified mediator, rather than a judge, without lawyers present. If an agreement cannot be reached, a hearing before a JudgeJudgeChief Justice and any Judges appointed under Article 9 of the DIFC Courts Law 2004. will then be scheduled. The result is generally faster, cheaper and more amicable dispute resolution.JudgeChief Justice and any Judges appointed under Article 9 of the DIFC Courts Law 2004.
A decade on, the SCT’s popularity is undiminished, with corporations, SMEs and individuals all routinely using the service to resolve their disputes in a private, informal setting. In fact, the first six months of 2017 have seen the SCT’s workload almost double as awareness and access have both soared, while total case values are up by more than half.ServiceSteps required by Rules of Courts to bring documents used in court proceedings to a person's attention.
Since 2011, any party in the UAE, regardless of a direct connection to the DIFCUAEThe United Arab Emirates., has been able to opt-in to the SCT’s jurisdictionDIFCThe Dubai International Financial Centre., if both parties agree in writing. A significant marketing campaign at the end of 2016 and new partnerships like the one signed with the Dubai Multi Commodities Centre earlier this year have ensured that more companies than ever before are aware that this option is now open to them.JurisdictionUnless the context requires otherwise, means the Dubai International Financial Centre.
The other key factor driving the SCT’s standout performance in the first half of the year is accessibility. Last year saw the launch of the “Smart SCT,” a purpose-built facility in Dubai where only the Judge need be present, with the parties in dispute able to participate from anywhere in the world via advanced video equipment. This service was recently named among the world’s Top 10 Court Technology Solutions by the US-based National Association for Court Management, and has helped to remove geographical location as a factor in a party’s ability to gain justice.CourtThe courts established in the DIFC, that is the Court of First Instance and/or the Court of Appeal.
By increasing awareness and expanding access, the SCT has enjoyed a tremendous start to the year. Its performance in the first six months of 2017 cements its place as a preferred forum for settling the smaller claims of corporations, SMEs and individuals, and confirms its status as a valued public service.
Nassir Al Nasser, Small Claims Tribunal (SCT) Judge and RegistrarRegistrarRegistrar appointed under Article 16 of the Court Law and includes, where the context requires, the Consultant, Deputy and Acting Registrars.
