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The DIFC Courts are part of the sovereign structure of the Emirate of Dubai, within the UAE and independent from the Dubai Courts and Government of Dubai. Specifically, Dubai Law No.12 of 2004 [ 2 ] ('Dubai Law No.12') is the governing statute which originally established the DIFC Judicial Authority (including the two DIFC Courts, the Court of ...
The Dubai International Financial Centre (DIFC) Courts are an independent English language common law judiciary, with jurisdiction governing civil and commercial disputes nationally, regionally and worldwide. The Courts began operation in 2006. Originally, the jurisdiction of the DIFC Courts was limited to the geographical area of the DIFC.
DIFC is regulated by the Dubai Financial Services Authority, an independent regulator exclusive to the zone, and by its own court system, DIFC Courts, separate from the Emirate of Dubai's legal system and that of the federal government of the UAE. [3] DIFC follows the common law framework and operates in English. [4]
Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts. [4] [5] [6] The justice system in the UAE has been characterized as opaque.
Dubai Courts manages three levels of Courts: the First Instance Court, the Court of Appeals, and the Court of Cassation. The department has the authority to appoint and remove judges in any of the courts, often on the advice of the ruler of Dubai, and judges are formally given independence to issue judgements in the name of the ruler.
Beer was appointed Registrar at DIFC Courts in 2008, [12] and a Small Claims Tribunal Judge and the Chief Executive of the DIFC Courts in 2009. Beer was Registrar at the Dubai World Tribunal from 2009 to 2018. [13] In 2017, Beer was appointed Registrar General to the DIFC Courts by Chief Justice Michael Hwang. [14]
As for other Free Zones in Dubai, the Dubai Multi Commodities Centre (DMCC) has 7,330 active registered companies (as per 2013), offers a retention rate of 94 percent, and estimates an application of over 200 companies every year. [1] The Dubai International Financial Centre (DIFC) is another jurisdiction demonstrating the growth of expansion.
International examples include, among others, the Business and Property Courts of England and Wales Commercial Court Guide, Section G, addressing "Negotiated Dispute Resolution", [230] Ireland's Commercial List, section 6(a)(b)(xiii), giving its judges power to adjourn proceedings so the parties may consider mediation, conciliation, or ...