March 29, 2015 CONSULTATIONS
COURTS FEES
Originating Proceedings — Court of First Instance (CFI)
Part 7 claim
(Money and/or property claims):
proceedings: • For claims up to and including USD 500,000 – 5% of the value of the claim and/or the property with a minimum of USD 1,500
• For claims between USD 500,000 and USD 1m – USD 25,000 + 1% over USD 500,000
• For claims between USD 1m and USD 5m – USD 30,000 + 0.5% over USD 1m
• For claims between USD 5m and USD 10m – USD 50,000 + 0.4% over USD 5m
• For claims between USD 10m and USD 50m – USD 70,000 +0.15% over USD 10m
• For claims over USD 50m – USD 130,000
This amount will include the hearing fees for any in-chamber meetings, one Case Management Conference, one Pre-Trial Review and up to 3 days of trial. Any additional filings or hearings will be charged as per Article III below.
All Other Claims:
USD 5,000 for non-monetary claims. For claims relating to a specified monetary amount, the same fees as a Part 7 Money and/or property claim will apply.
Filing Proceedings against a party or parties not named in originating proceedings
USD 500
Notes:
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
• Where a claim is both for money and for other relief (whether cumulatively or in the alternative) only the higher applicable fee is payable.
• 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.
• 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.
Reimbursement for settlement
Where the parties successfully settle the claim filed in the DIFC Courts in full, the following reimbursements shall apply:
• For claims settled before the Case Management Conference takes place, 65% of the filing fee shall be reimbursed.
• For claims settled between the Case Management Conference and the Pre-Trial Review, 35% of the filing fee shall be reimbursed.
• For claims settled after the Pre-Trial Review has taken place, no reimbursement shall be applicable.
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 300
The following applications will be charged at USD 2,000:
(a) An application contesting jurisdiction
(b) An application seeking to strike out all or part of a statement of case, submission or evidence filed
(c) An application seeking permission to appeal
(d) Any and all applications seeking a hearing.
This fee will include a one day hearing for the relief sought, if applicable.
Notes:
The fee is payable whenever an application notice is received by the Registry (whether under RDC Part23, 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:
On setting down for a hearing
(up to 1 day): USD 1,000
USD 2,000 if the parties request the use of video-conferencing facilities during that hearing
For each half-day of a hearing after the first day: USD 500
The fee shall be paid when the hearing is set down by the DIFC Courts, based on the number of days agreed by the parties or, failing agreement, as determined by the DIFC Courts. Fees for any overrun shall be paid prior to the expiry of the period for which the hearing was originally set down. The paying party may seek reimbursement of any payment of this fee for half-days not utilised for the relevant hearing. Reimbursement of such fees shall be at the sole discretion of the DIFC Courts.
Notes:
Should a hearing be vacated one month in advance of the date it is listed, the hearing fee will no longer be payable and will be refunded if already paid. Any hearing vacated within a month of the listing date remains payable. If a hearing is vacated within a month of the listing date and is relisted for a later date, both hearing fees will be payable.
IV. Appeals:
Filing an Appellant’s/ Respondent’s Notice: USD 5,000, including a 1 day hearing before the Court of Appeal.
Notes: • For a cross-appeal, the same fees are payable as for an appeal.
• Setting down for hearing fees under Article III applies to appeal hearings
V. Enforcement (ENF):
Enforcement in the DIFC:
(a) Enforcing DIFC Courts judgments or orders:
(i) No fee will be payable by the party filing for enforcement.
(j) A fee of 3% of the value of the judgment or order is to be settled by the party against whom enforcement has been filed.
(b) Enforcing judgments or orders made outside of the DIFC Courts:
(i) A fee of 1% of the value of the judgment or order, with a minimum of USD 100 and a maximum of USD 20,000, is to be settled by the party filing for enforcement.
(j) An additional fee of 3% of the value of the judgment or order is to be settled by the party against whom enforcement has been filed.
Enforcement outside of the DIFC:
USD 100 for a letter or information from the DIFC Courts to enforce outside of the DIFC.
Enforcement applications: USD 300
Notes:
Enforcement as per the above does not apply to the enforcement of Arbitral Awards. See Article I Originating Proceedings.
VI. Determination of Costs:
Upon filing a request for a detailed costs assessment hearing
(see Article II Applications): USD 500
Upon issuing:
(a) default costs certificate or certificate for an agreed amount: USD 300
(b) an interim costs certificate: 7.5% of the sum claimed
(c) a final costs certificate: 7.5% of the sum claimed
Notes:
• The fees for an interim cost certificate or a final cost certificate are to be settled at the time of detailed assessment.
• A separate setting down fee for the detailed costs assessment hearing shall apply (see Article III — Hearings).
• 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 shall be correspondingly reduced.
• Parties will be entitled to a 50% refund if they settle in full and advise the Court within 21 days of the date of the detailed costs assessment hearing.
VII. Small Claims Tribunal:
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 100.
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 USD 100
Should a claim relating to a rental dispute which does not exceed 500,000 AED shall be
assessed as follows: 5% of the value of the claim with a minimum of USD 100.
Filing fee for all other claims: 5% of the value of the claim with a minimum of USD 100.
Should a claim relating to a non employment dispute be referred to the CFI a further fee shall be payable at the rate of: Should a claim relating to a rental 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 100.
Notes:
• 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.
• 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:
Transcripts of hearings (unofficial only):
(a) USD 385 per hour for overnight turnaround (to be delivered by 9am UK time the following day)
(b) USD 385 per hour for 24 hour turnaround (to be delivered within 24 hours from confirmation of request)
(c) USD 337 per hour for 2 working-day turnaround
(d) USD 298 per hour for 4 working-day turnaround
(e) USD 248 per hour for 7 working-day turnaround
(f) USD 585 per hour for processing on a weekend or Public Holiday
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 USD 300 for the handling of such a request, in addition to the applicable third party charges.
Notes:
• Transcripts requested on overnight turnaround will be delivered by no later than 2pm UAE time the following day.
• Transcripts requested on 24 hour turnaround will be delivered within 24 hours of confirmation by the DIFC Courts that the transcript is under process.
• A full day’s hearing cannot be transcribed on 24 hour or overnight turnaround without advanced notice being given to the DIFC Courts Registry.
• Working days for transcription are from Monday to Friday. The weekend falls on Saturday and Sunday.
• A transcript cannot be processed on a weekend or public holiday without at least one week’s notice being given to the DIFC Courts Registry.
• Once a transcript has been drawn up, it will be subsequently available to all the parties to a case and will be placed on the Court Management System (CMS).
Recordings of hearings: USD 300 per CD of recording (8 hours of recording per disc)
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:
There is no fee for downloading soft copies of documents via the Web-CMS portal available on the DIFC Courts’ website.
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:
There is no fee for downloading soft copies of documents via the Web-CMS portal available on the DIFC Courts’ website.
This fee also applies to photocopies of documents from the DIFC Courts library
Register of Practitioners’ Fees:
Registration fee applicable to registration in Part I: USD 2,000, including any subsequent additions or removals from the record.
Registration fee applicable to registration in Part II: USD 500
Renewal fee applicable to registration in Part I: USD 1000
Renewal fee applicable to registration in Part II: USD 250
Business Visit Visa
Category A (both 30 and 90 day visas) USD 550 for 2 day turnaround
USD 800 for same day turnaround
Category B (30 days visa) USD 1400 for 4 day turnaround
USD 1600 for 2 day turnaround
Category B (90 day visa) USD 1600 for 4 day turnaround
USD 1900 for 2 day turnaround
All of the above mentioned fees are payable in United States Dollars or their 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 in cash or cheque.
In an effort to promote the most efficient handling of cases and allocation of resources, 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.
For further information, please visit our website: www.difccourts.ae or contact the Registry via telephone: +971 4 427 3333 or via email: registry@difccourts.ae.