IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
PRACTICE DIRECTION NO. 2 OF 2012
DIFC Courts’ Jurisdiction
Citation
This Practice Direction will come into effect on the date of signature. It may be cited as Practice Direction 2 of 2012 — Jurisdiction of the DIFC Courts – and may be abbreviated to PD 2/2012.
Jurisdiction of the DIFC Courts:
While compliance with Article 5 (2) of Law No. 12 (as amended), is ultimately a matter of interpretation by the Courts in an actual hearing, the Registry will accept Claim Forms filed by the Parties which rely on Article 5 (2) to invoke the jurisdiction of the DIFC Courts if accompanied by submission agreements in one of the forms set out below, without prejudice to any subsequent challenge that may be made to that jurisdiction on the ground that the submission relied on does not satisfy the requirements of Article 5 (2) . Alternative forms of submission agreements will also be accepted if the Registry considers that such agreements prima facie comply with the requirements of Article 5 (2).
Suggested Jurisdiction Clauses
A) Exclusive Jurisdiction of the DIFC Courts Before a Dispute Arises“Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.This contract shall be governed by and construed in accordance with
the law of [INSERT PLACE]”
B) Non-Exclusive Jurisdiction of the DIFC Courts Before a Dispute Arises“Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be subject to the non-exclusive jurisdiction of the Courts of the Dubai International Financial Centre.Each party irrevocably submits to the jurisdiction of the DIFC Courts and waives any objection it may have to disputes arising out of or in connection with this contract being heard in the Courts of Dubai International Financial Centre on the grounds that it is an inconvenient forum (
forum non conveniens).
This contract shall be governed by and construed in accordance with the law of [INSERT PLACE].”
C) Exclusive Jurisdiction After a Dispute Arises /Over Existing Disputes“A dispute having arisen between the parties concerning [DEFINE DISPUTE], the parties hereby agree that the dispute shall be subject to the exclusive jurisdiction of the DIFC Courts.The governing law of this agreement shall be the law of [INSERT PLACE]”
Dated this [ 8 ] day of March 2012
Chief Justice Michael Hwang
