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The Dubai International Financial Centre


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URL: https://www.bailii.org/ae/cases/DIFC/

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The Dubai International Financial Centre

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The Dubai International Financial Centre (DIFC) judgments

This database contains judgments from the following:

Small Claims Tribunal - DIFC SCT
Court of First Instance - DIFC CFI
Court of Appeal - DIFC CA
Arbitration - DIFC ARB

The Dubai International Financial Centre (DIFC) is designed to be a financial free zone offering a unique, independent legal and regulatory framework in order to create an environment for growth, progress and economic development in the UAE and the wider region.

The unique independent regulatory framework creating the DIFC and the DIFC Courts was made possible through a synthesis of Federal and Dubai Law. (for further informain see: Legal framework

Jurisdiction

The DIFC Courts was established under two laws enacted by the late Ruler of Dubai His Highness Sheikh Maktoum bin Rashid Al Maktoum, the then Ruler of Dubai. Dubai Law No. 12 of 2004 (as amended by Dubai Law No. 16 of 2011 –click here to read Law 12 of 2004 as amended) established the DIFC Courts, describes the jurisdiction of the Courts and provides for the independent administration of justice in the DIFC . DIFC Law No: 10 of 2004 sets out the powers, procedures, functions and administration of the DIFC Courts.

Independent, but complimentary to the UAE’s Arab language, civil law system, and located at the core of Dubai’s financial powerhouse, the DIFC Courts administer a unique common law, English language jurisdiction, which governs commercial and civil disputes, national, regionally, and worldwide.

Local UAE lawyers, international law firms and lawyers, and companies, can best use the DIFC Courts by ensuring that they write the court’s jurisdiction into their contracts for dispute resolution.

The laws establishing the DIFC Courts were designed to ensure the highest international standards of legal procedure thus ensuring that the DIFC Courts provide the certainty, flexibility and efficiency expected by the global institutions operating in, with and from Dubai and the UAE

The laws enacted provide for a Courts system capable of resolving all civil and commercial disputes, ranging from sophisticated, international financial transactions to debt collection and employment disputes. The DIFC Courts deals exclusively with all cases and claims arising out of the DIFC and its operations, and any other claims in which all parties agree in writing to use the DIFC Courts.

Function

The DIFC Courts performs functions in an independent manner, in accordance with the provisions of the DIFC laws and regulations.

The DIFC laws allow for any institution operating within the DIFC to select a legal jurisdiction of its choice, other than the DIFC, when entering into contracts. However, in the event that parties do not do so, the DIFC laws will be applicable by default and they can file a case in the DIFC Courts.

The DIFC Courts has jurisdiction over civil and commercial matters only. The DIFC Courts does not have jurisdiction over criminal matters. All criminal matters are referred to the appropriate external authority.


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URL: https://www.bailii.org/ae/cases/DIFC/