Decision No. (11) of 2024 Concerning the Procedures and Working System of the Judicial Tribunal for Resolving Conflicts of Jurisdiction between the Dubai International Financial Centre Courts and Judicial Authorities in
This Decision regulates the procedural framework and working mechanisms of the Judicial Tribunal for resolving conflicts of jurisdiction between the DIFC Courts and Dubai judicial authorities, governing filing, notification, and adjudication.
At a glance
The one-minute summary
- Applications to resolve jurisdictional conflicts must be filed in Arabic and English using the approved template through the designated digital platform.
- A mandatory security deposit must be paid into the DIFC Courts treasury, subject to forfeiture if defects are not cured within 7 days.
- The Secretary must notify the conflicting judicial body within 1 working day and serve the respondent within 2 working days of registration.
- The respondent has 7 working days to file a bilingual response memorandum, extendable once for an equal duration.
- Seisin and the legal effects of seising the Judicial Tribunal take effect from the date the application is registered on the digital platform.
- The Judicial Tribunal must decide applications within 30 days from referral, with a possible one-time extension for an equal duration.
- DIFC Courts are obligated to provide administrative, financial, and technical support to the Judicial Tribunal.
- The Decision came into effect from its issuance on 7 October 2024 and was published in the Official Gazette.
Introduction and Definitions
Decision No. (11) of 2024 was issued by the First Deputy Ruler of Dubai and Chairman of the Judicial Council pursuant to Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedure Law and Decree No. (29) of 2024 Concerning the Judicial Tribunal for Resolving Conflicts of Jurisdiction between the DIFC Courts and Judicial Authorities in the Emirate of Dubai.
Under Article (1), key terms and phrases carry the meanings designated in Decree No. (29) of 2024 and are specifically defined as follows:
The Decree: Decree No. (29) of 2024 Concerning the Judicial Tribunal for Resolving Conflicts of Jurisdiction between the DIFC Courts and Judicial Authorities in the Emirate of Dubai.
The Application: The application submitted to the Judicial Tribunal to determine the competent judicial authority to hear the claim or application subject to the jurisdictional conflict between the Centre Courts and other judicial authorities in the Emirate, or to determine the enforceable judgment among conflicting judgments rendered by the Centre Courts and other judicial bodies in lawsuits involving the same parties and subject matter.
The Applicant: The applicant submitting the request.
The Respondent: The opposing party to the applicant.
The Secretary: The secretary of the Judicial Tribunal appointed by its President.
The Digital Platform: The digital platform dedicated to registering, recording, and managing applications.
Application Requirements and Referral Procedures
Article (2) outlines the requirements for filing applications, requiring them to be submitted in Arabic and English using the approved template via the Digital Platform, alongside paying the prescribed security deposit into the DIFC Courts treasury as an escrow. If requirements are not satisfied, the applicant is granted a cure period not exceeding 7 days, failing which the application is struck out and the deposit is forfeited to the DIFC Courts treasury, without precluding refiling upon satisfying all criteria.
Article (3) regulates case registration and processing. The Secretary must notify the conflicting judicial authority within 1 working day and serve the respondent within 2 working days of registration. The respondent must file a response memorandum in both Arabic and English within 7 working days, extendable once for an equal duration upon request before expiry. The Secretary refers the application to the Judicial Tribunal within 5 working days following the expiry of the response period.
Deliberation and Determination
Article (4) provides that the legal effects of seising the Judicial Tribunal take effect from the date the application is registered on the Digital Platform. Under Article (5), the Judicial Tribunal determines the application within 30 days from referral by the Secretary, extendable once for an equal duration by decision of the President of the Tribunal or the Vice President. The Secretary must notify all parties, the DIFC Courts, and the conflicting judicial authority of the decision within 2 working days of its issuance.
Contents of Decisions and Administrative Support
Article (6) specifies the mandatory contents of Tribunal decisions, including the application number, parties' names, proof of procedural compliance, facts and submissions, summarized reasoning, responses to defenses, and the date of issuance. Articles (7 through 10) govern the submission of an annual report to the Chairman, obligate the DIFC Courts to extend administrative, financial, and technical support, authorize the President of the Tribunal to issue executive instructions, and enforce the Decision from its date of issuance on 7 October 2024 with publication in the Official Gazette.