Dubai, United Arab Emirates; 22 July 2024: The newly formed independent Conflicts of Jurisdiction Tribunal (CJT) held its first meeting following the issuance of Decree No. (29) of 2024 by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai. The Decree issued in April 2024 established the new Judicial Authority for Resolving Jurisdictional Conflicts between the DIFC Courts and Judicial Bodies in the Emirate of Dubai (Conflicts of Jurisdiction Tribunal).
The meeting was chaired by His Excellency Justice Abdulqader Moussa, Chief Justice of the Court of Cassation at Dubai Courts. Also attending the meeting were His Excellency Justice Omar Al Mheiri, First Deputy Chief Justice of the DIFC Courts and Deputy Chairman of the Tribunal; and members of the new tribunal including His Excellency Justice Issa Mohammed Sharif, Chief Justice of the Court of Appeal, Dubai Courts; His Excellency Justice Ali Al Madhani, Second Deputy Chief Justice, DIFC Courts; His Excellency Justice Shamlan Al Sawalehi, Court of Appeal Judge and Judge In Charge of the Arbitration Division, DIFC Courts; His Excellency Justice Khalid Al Hosani, Chief Justice of the Court of First Instance, Dubai Courts; and the Secretary General of the Dubai Judicial Council.
His Excellency Justice Abdulqader Moussa, Chief Justice of the Court of Cassation at Dubai Courts, and Chairman of the CJT said: “Guided by the vision of His Highness Sheikh Mohammed bin Rashid Al Maktoum and the directives of His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, First Deputy Ruler of Dubai, Deputy Prime Minister and Minister of Finance of the UAE, and Chairman of the Dubai Judicial Council, the Tribunal aims to enhance Dubai's judicial system and make it a model for the efficient delivery of justice and the protection of rights.”
The meeting discussed the rules and procedures of the Conflicts of Jurisdiction Tribunal (CJT), which has been tasked with a more definitive mandate to focus exclusively on being the final arbiter of jurisdictional conflicts in Dubai.
“The formation of this independent Tribunal ushers in a new phase of transparency of process to jurisdictional disputes within Dubai and greater certainty for the communities we serve. We are confident that the rules and procedures of the Tribunal will provide an enhanced user-friendly experience, and facilitate more effective and less-expensive access, ensuring world-class judicial standards. The continuous development of the judicial system supports Dubai's sustainable development objectives and its growing status as a major global and regional economic hub.”
Decree No. (29) of 2024 replaces Decree No (19) of 2016, which had established the Joint Judicial Committee (JJC) to resolve conflicts of jurisdiction between the DIFC Courts and the Dubai Courts. As Decree No. 29 details, the oversight will now extend beyond jurisdictional conflicts between the DIFC Courts and the Dubai Courts to encompass the Rental Disputes Centre, the Judicial Committees formed by a decree or decision issued by the Ruler of Dubai, and other bodies deemed as judicial authorities in Dubai.
The new rules and procedures stipulate that the Tribunal will issue decisions within 30 days of the final submissions by the parties. Although there will be no automatic stay on proceedings, a request for a stay can be included in all claims filed with the Tribunal and will be addressed before reviewing the claims. Decisions regarding a stay on proceedings will be issued within 14 days of the date of service.
Ther Tribunal will also introduce the adoption of a common law style precedents system for the decisions. Article 9(c) of the new Decree stipulates that the legal rules prescribed by the Tribunal in its decisions are to be deemed as judicial principles, which will be final and binding on all judicial bodies.
The day-to-day administration and case management of the Tribunal will be overseen by DIFC and Dubai Court .
