In his capacity as the Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE issued Decree No. (29) of 2024 on the ‘Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in the Emirate of Dubai’.
The provisions of the Decree are applicable to judicial bodies in Dubai, including the Court of Cassation, the Court of Appeal and the Court of First Instance, and any other court that will be established as part of the Judicial Authority in Dubai. The Decree also applies to DIFC Courts.
As per the Decree, the name of the Judicial Tribunal for Dubai Courts and DIFC Courts will be changed to the ‘Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in Dubai’, wherever it appears in any legislation applicable in the Emirate of Dubai.
According to the Decree, the new Authority will be chaired by the President of the Court of Cassation at Dubai Courts, while the Deputy Chief Justice of DIFC Courts will serve as Deputy Chairman of the Authority. Members of the Authority also include the Secretary General of the Dubai Judicial Council, the President of the Court of Appeal at Dubai Courts, the President of the Court of First Instance at Dubai Courts, and two DIFC Courts judges selected by the Chief Justice of DIFC Courts.
The Chairman of the Authority is authorised to appoint an employee from any of Dubai’s judicial bodies to assume the role of the Secretary General of the Authority.
According to the Decree, the Authority is tasked with determining the competent court for disputes, specifying enforceable judgments in case of conflicts, and implementing tasks assigned by the Ruler of Dubai or the Chairman of the Dubai Judicial Council.
According to the Decree, decisions issued by the Authority are final and not subject to appeal in any form.
Furthermore, the legal rules set by the Judicial Authority in decisions under the purview of the Decree will be considered as judicial principles binding on all courts, including those of the DIFC Courts. Any subsequent ruling conflicting with these rules are subject to appeal through legally defined channels.
The Chairman of the Dubai Judicial Council will issue the decisions necessary to implement this Decree which replaces Decree No. (19) of 2016 on the Judicial Tribunal for the Dubai Courts and DIFC Courts
This Decree annuls any other legislation that may contradict it. Decisions issued as part of Decree No. (19) of 2016 will remain in place as far as it doesn’t contradict with this Decree, until new ones replace them.
Decree No. (29) of 2024 will be published in the Official Gazette, and is effective the day after its publication.
His Excellency Justice Omar Al Mheiri, Director, DIFC Courts, said:
“The DIFC Courts is honoured to be appointed to this new judicial body for jurisdiction conflicts. Prior to the confirmation of this Decree, we had conducted extensive consultation with our stakeholders across the public sector, with legal representatives from leading businesses, and with legal practitioners from the DIFC and wider Dubai communities. Feedback and recommendations from our stakeholders were reviewed and shared with the Judicial Council for final determination. We are, therefore, confident that this new judicial entity will overcome past obstacles related to jurisdiction conflicts and provide improved clarity of process, increased administrative efficiency, and greater transparency for all parties concerned.”
