DIFC Courts

01 December 2006

The DIFC

DIFC
The Dubai International Financial Centre.
Judicial Authority has published the draft Rules
Rules
The Rules of the Dubai International Financial Centre Courts 2007 or any re-enactment or modification thereof.
 of Court
Court
The courts established in the DIFC, that is the Court of First Instance and/or the Court of Appeal.
 (“Rules”) under Article 31 of the DIFC Courts
DIFC Courts
The 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 .
 Law 2004 and invited interested persons to make representations with respect to these draft Rules by 11th January 2006.

The Rules will provide a basic civil procedural code sufficient to deal with the substantial majority of claims likely to be brought before the Court of First Instance and Court of Appeal. The public consultation period will run for 30 days and the Rules are available for public viewing on the DIFC Courts website www.difccourts.ae

His Excellency Dr Omar Bin Sulaiman, Governor of the DIFC said: “The publication of the Rules marks a crucial stage in the development of the DIFC Courts. Furthermore, this action highlights the transparency and integrity of the DIFC and enables the wider community to participate in the evolution of the DIFC’s legal system, establishing itself as a jurisdiction

Jurisdiction
Unless the context requires otherwise, means the Dubai International Financial Centre.
with the highest international standards and best legal practices.”

Sir Anthony Evans, Chief Justice

Chief Justice
The person appointed by the Ruler as Chief Justice of the DIFC Courts.
of the DIFC Courts commented: “With the draft Rules of Court, we have endeavoured to balance ease of use with practical guidance for the practitioners
Practitioner
A registered law firm (Part 1) or a registered lawyer authorised to appear before the court (Part 2)
 in the DIFC Courts who come from diverse legal backgrounds. We believe these Rules contain provisions that will be familiar to local and global practitioners and their clients, and will represent international best practice across the board. I would warmly encourage all interested parties to consider the draft Rules of Court and provide input as they see necessary.”

The draft Rules of Court are modelled on the English Civil Procedure Rules (“CPR

CPR
English Civil Procedure Rules as up-dated from time to time. The full text of the CPR may be found at

www.dca.gov.uk/civil/procrules_fin/index.htm
”) as at October 2006 and the English Admiralty and Commercial Court Guide, 6th Edition. The CPR were a product of wide consultation and an examination of international best practice. The Guide
The Guide
The English Admiralty and Commercial Courts Guide 2006, as updated from time to time. The full text of the Guide may be found at:

www.hmcourts-service.gov.uk/publications/guidance/admiralcomm/index.htm
 aims to provide practical guidance for users of a court
Court
The courts established in the DIFC, that is the Court of First Instance and/or the Court of Appeal.
 that has been serving the international business community for over 110 years.

The draft Rules have been modified where necessary, for example with provisions derived from the IBA Rules, which are widely recognised as representing an acceptable compromise between Civil Law and Common Law. In the event that the draft Rules do not cover a particular situation, the procedure will be undertaken in accordance with the Rules of DIFC Courts (Interim Arrangements) Order No 1 of 2005.

The DIFC Courts, an independent judicial system dealing with matters arising from and within the DIFC, were established under the laws enacted by the Ruler

Ruler
H.H. Ruler of the Emirate of Dubai.
of Dubai in December 2004. The DIFC Courts are led by Chief Justice, Sir Anthony Evans, and Deputy Chief Justice, Mr. Michael Hwang SC.