DIFC Courts

Practice Direction No. 3 of 2012 DIFC Courts’ Fees

May 20, 2012 Practice Directions

IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS

PRACTICE DIRECTION NO.3 OF 2012

DIFC Courts’ Fees

Citation

This Practice Direction is issued pursuant to the powers conferred on me by Article 8 (3) (a) of Dubai Law No. 9 of 2004, as amended. It may be cited as Practice Direction 3 of 2012 — DIFC Courts’ Fees and may be abbreviated to PD 3/2012.

The attached schedule 1 of this Practice Direction prescribes the fees of the DIFC Courts that will come into effect on the date of signature. These fees replace those prescribed in DIFC Courts Practice Direction No. 6 of 2011.

Chief Justice of the DIFC Courts

Dated: 20 May 2012

Schedule 1

DIFC Courts’ Fees

I. Originating Proceedings — Court of First Instance (CFI)

1. Part 7 claim (Money and/or property claims):
5% of the value of the claim and/or the property with a minimum of USD 1000 and a maximum of USD 20,000.
 
2. All Other Claims:
 
USD1,000
 
3. Filing Proceedings against a party or parties not named in originating proceedings:
 
USD 500

Notes:

(1) All other claims include, but are not limited to:

(a) Part 8 claims;
(b) Winding-up petitions;
(c) Unquantified damages claims;
(d) Arbitration claims; and
(e) Proceedings for judicial review.
(2) Where a claim is both for money and for other relief (whether cumulatively or in the alternative) only the higher applicable fee is payable.
(3) For a claim made by way of counterclaim the same fee shall be payable as if the relief or remedy sought were the subject of separate proceedings.
(4) Where a claim or counterclaim is amended so that a higher fee would have been payable if it had been so drawn originally, the party making the amendment shall pay the difference.

II. Applications

Upon receiving an application notice or any other document in which the applicant seeks a court order, such fee to include the issue of any applicable order, direction or otherwise:

USD 250

Notes:

(1) The fee is payable whenever an application notice is received by the Registry (whether under RDC Part 23, pursuant to another Rule or informally by letter and whether on, or without, notice to the other party; except for applications made orally at a hearing).

III. Hearings

1. On setting down for a hearing (up to 1 day):
 
USD 1,000
2. For each half-day of a hearing after the first day:
 
USD 500

Notes:

(1) With regard to hearings by telephone, or video conference, the costs of the transmission, including the costs of hiring equipment and technical personnel to operate it, will initially be the responsibility of, and must be met by, the party requesting the telephone or video conferencing facility. Such costs will be invoiced in addition to the setting down for a hearing fee.

IV. Appeals

Filing an Appellant’s/Respondent’s Notice:

USD 2,000

Notes:

(1) For a cross-appeal, the same fees are payable as for an appeal.
(2) The same fee applies for an application for permission, request for reconsideration of refusal of permission and for the review of decisions of the Registrar, SCT or a single judge.
(3) Setting down for hearing fees under Article III apply to appeal hearings.

V. Enforcement (ENF)

The same fees as for an application notice under Article II are applicable.

VI. Determination of Costs

1. Upon filing a request for a detailed costs assessment hearing (see Article II-Applications): USD 250

2. Upon issuing:

(a) default costs certificate or certificate for an agreed amount:
 
USD 100
(b) an interim costs certificate:
 
5% of the sum certified
(c) a final costs certificate:
 
5% of the sum certified

Notes:

(1) A separate setting down fee for the detailed cost assessment hearing shall apply (see Article III — Hearings).
(2) Where the sum certified in a final costs certificate includes costs certified in an interim certificate in respect of which Fee VI.2 (b) has been paid, the fee for the final costs certificate will be correspondingly reduced.

VII. Small Claims Tribunal

1. Filing fees for claims related to an employment dispute shall be assessed as follows:
 
2% of the value of the claim with a minimum of USD 55and a maximum of USD 4,000.
2. Should a claim relating to an employment dispute be referred to the CFI, an additional fee shall be payable at the rate of:
 
1% of the value of the claim with a minimum of USD55and a maximum of USD 4,000.
3. Filing fee for all other claims:
 
5% of the value of the claim with a minimum of USD 100.
 
4. Should a claim relating to a non-employment dispute be referred to the CFI a further fee shall be payable at the rate of:
 
2.5% of the value of the claim with a minimum of USD 60.

Notes:

(1) For a claim made by way of counterclaim the same fee shall be payable as if the relief or remedy sought were the subject of separate proceedings.
(2) The SCT Registrar shall have the discretion to defer, reduce, or waive applicable fees in the SCT if the SCT Registrar, in his/her sole discretion, considers it appropriate in the circumstances.

Transcripts, Recordings, and Photocopies

1. Transcripts of hearings (unofficial only):

(a) USD 385 per hour for overnight turnaround
(b) USD 337 per hour for 2 day turnaround
(c) USD 298 per hour for 4 day turnaround
(d) USD 248 per hour for 7 day turnaround

In accordance with Rule 35.99 of the Rules of the DIFC Courts, should a party wish to request the DIFC Courts to have a transcript of any hearing(s) drawn up, the Court shall charge an administrative fee of AED 1000 for the handling of such a request, in addition to the applicable third party charges.Once a transcript has been drawn up, it will be subsequently available to all the parties to a case and placed on the Court Management System (CMS).

2. Recordings of hearings: USD275

3. Photocopies of documents from the Court records (RDC 6.9-12, 17)

•   for the first page: USD 2
•   for each subsequent page: USD 1

Notes:

(1) There is no fee for downloading soft copies of documents via the Web-CMS portal available on the DIFC Courts’ website.

Register of Practitioners’ Fees

1. Registration fee applicable to registration in Part I:
 
USD 1,500
2. Addition of lawyers within Part I:
 
USD 100
3. Registration fee applicable to registration in Part II:
 
USD 500
4. Renewal fee applicable to registration in Part II:
 
USD 100

All of the above mentioned fees are payable in United States Dollars or its equivalent in UAE Dirhams (at the conversion rates of US$1:AED3.675) as determined by the DIFC Courts from time to time.

Payments may be made by using the Courts’ e-payment facility or alternatively by registering your law firm with the Courts’ credit facility. Payments can also be made by wire transfer or in person. Please visit our website or contact us at Registry@difccourts.ae for further information.

In an effort to promote the most efficient handling of cases and allocation of resource, and in line with the DIFC Courts’ paperless initiative, parties are encouraged to use the DIFC Courts’ e-filing facility for the filing of court documents. Please note that a 40% surcharge will be added to the applicable fees for any document filed with the Registry for the Court of First Instance or Court of Appeal by means other than the e-filing facility.

1 – Please be advised that a fee is payable at the time of filing a claim or application. The fee is payable either in cash or by cheque (or for law firms with a credit account, by charging the fee to that account). Cheques are to be made payable to Support Services Centre – Government of Dubai, and wire transfers should be made to AE17 0240 0015 2000 8828 301