Dubai Sets Up a Judicial Authority to Resolve Jurisdictional Conflicts
Dubai Sets Up a Judicial Authority to Resolve Jurisdictional Conflicts
His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, in his capacity as Ruler of Dubai has issued Decree No. 29 of 2024 (“The Decree”) on the Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in the Emirate of Dubai (“Judicial Authority”).
This Decree which aims at further streamlining of the justice system is applicable to the Judicial Committee of the Dubai Courts and the DIFC’s Courts formed pursuant to Decree No. 19 of 2016 of Forming the Judicial Committee of the Dubai Courts and the DIFC Courts.
The Decree provided for that the name of the Judicial Committee for Dubai Courts and DIFC Courts will be changed to the Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in Dubai.
The Decree illustrated the structure of the new Judicial Authority, as it will be chaired by the Chief Justice of the Court of Cassation at Dubai Courts, while the Deputy Chief Justice of DIFC Courts will serve as Deputy of the Chief Justice of the Judicial Authority, with membership of the Secretary General of the Dubai Judicial Council, Chief Justice of the Court of Appeal at Dubai Courts, Chief Justice of the Court of First Instance at Dubai Courts, and two DIFC Courts judges nominated by the Chief Justice of DIFC Courts.
The Decree also outlined the tasks of the Judicial Authority, as it shall determine the competent court to consider any lawsuit of which the consideration may result in a conflict of jurisdiction between DIFC Courts and any judicial authorities, determine the enforceable judgments if conflicting judgments are issued by the DIFC Courts and other judicial authorities in a lawsuit for the same litigants and same subject matter.
The conflict related parties may apply to the Judicial Authority to resolve such jurisdictional conflicts. However, submitting the application will result in the suspension of hearing the respective case until a decision is issued by the Judicial Authority specifying the judicial body competent to consider the matter, and will also suspend execution actions until a decision is issued by the Judicial Authority determining which judgment is enforceable, and cease the statute of limitations from the date of submitting the application to the Judicial Authority.
A cash deposit of AED 3,000 will be collected in consideration of any application submitted to the Judicial Authority. The deposit will be refunded if the Judicial Authority accepts the application, and will be confiscated if the Judicial Authority decides that the judicial authority whose jurisdiction is being insisted on by the applicant lacks the jurisdiction. The deposit in the latter case will go to the treasury of the judicial authority whose jurisdiction is declared and sanctioned by the Judicial Authority.
The Decree further pointed out that decisions issued by the Judicial Authority are final and unappealable, and that the legal rules established by the Judicial Authority in its decisions will be considered as judicial principles binding on all courts, including the DIFC Courts. Any subsequent ruling conflicts with such binding rules shall be subject to appeal via any of the legally prescribed methods for appeal.
The Chairman of the Dubai Judicial Council will issue the regulations necessary to implement this Decree which replaces Decree No. 19 of 2016 of Forming the Judicial Committee for the Dubai Courts and DIFC Courts. Furthermore, the Decree annuls any other legislations that may contradict it. Decisions issued under Decree No. 19 of 2016 will remain in force to the extent it doesn’t conflict with this Decree, until new ones replace them.
This Decree has been published in the Official Gazette and shall come into force on the day following its publication.
