His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, and Ruler of Dubai, has issued Federal Decree No. 29 of 2024, following publication in the Official Gazette on 17 April 2024, establishing the new Judicial Authority for Resolving Jurisdictional Conflicts between the DIFC Courts and Judicial Bodies in the Emirate of Dubai (Dubai Courts).
The Conflicts of Jurisdiction Tribunal (CJT), when determining a conflcit between the DIFC and Dubai Courts, will have the duties and powers to (1) determine the competent Judicial Entity having jurisdiction over any claim or application, (2) determine the enforceable judgement in the event of conflicting judgments, and (3) exercise any other duties or powers assigned to it by the Ruler of the Chairman. Such jurisdictional conflicts may arise when parallel proceedings are issued by the same parties in the DIFC Courts and Dubai Courts.
The CJT replaces the previous Joint Judicial Committee (JJC) created by Decree No. (19) of 2016. The independent tribunal will be administered by the DIFC and Dubai Courts, and is aimed at enhancing transparency, clarity, and certainty in jurisdictional matters within Dubai’s judicial system.
The CJT’s mandate extends beyond resolving conflicts solely between the DIFC Courts and Dubai Courts, now also covering the Rental Disputes Settlement Centre in the Emirate, any tribunal formed pursuant to a decree or resolution of the Ruler or the Chairman, or any other entity in the Emirate whose establishing or regulating legislation stipulates that it is a judicial entity.
During the jurisdictional determination, any parallel proceedings in both the DIFC Courts and Dubai Courts will be stayed, along with the suspension of any extecution procedures. The CJT will issue decisions within 30 days after final submissions. The tribunal will adopt a common law style precedent system in that the decisions will be final and deemed as judicial precedents. Decisions made by the CJT will not be subject to any form of appeal.
The CJT aims to streamline the process of determining jurisdictional conflicts, thereby reducing costs and creating a fair and efficient process for parties. During the CJT’s first meeting, His Excellency Justice Abdulqader Moussa, Chief Justice of the Court of Cassation at Dubai Courts, and Chairman of the CJT said that the introduction of the CJT intends to make Dubai’s judicial system a “model for the efficient delivery of justice and protection of rights”.
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Floor 9, South Tower, Emirates Financial Towers, Dubai International Financial Centre PO Box 506546, Dubai, United Arab Emirates
Copyright © 2023 All rights reserved.