Unification of Principles on Territorial Jurisdiction Between Federal and Local Courts

Judgment summary

The UAE's Committee for the Unification of Federal and Local Judicial Principles resolved a conflict between rulings from the Dubai Court of Cassation, the Federal Supreme Court, and the Ras Al Khaimah Court of Cassation. The issue was whether parties in a civil or commercial dispute can contractually assign jurisdiction to a court in one emirate when the case naturally falls under a different judicial authority (e.g., federal or another emirate). The Federal and RAK courts had permitted such agreements, whereas the Dubai court ruled it was a matter of public order that could not be altered by agreement. The Committee sided with the Dubai court's principle, establishing that territorial jurisdiction between independent judicial authorities stems from the Constitution and is a matter of public order. Therefore, private agreements violating these jurisdictional rules are void. The Committee formally adopted the principle that such agreements are not permissible.