Mohammed bin Rashid issues a decree regarding the judicial body to resolve the conflict of jurisdiction between the courts of the Dubai International Financial Center and the judicial authorities in Dubai
– Amending the name “The Judicial Authority of the Dubai Courts and the Courts of the Dubai International Financial Center” to become “The Judicial Authority to Resolve Conflicts of Jurisdiction between the Courts of the Dubai International Financial Center and the Judicial Bodies in the Emirate of Dubai.”
– The Authority determines the competent judicial authority to hear any lawsuit or request that may arise regarding the consideration of a conflict of jurisdiction between the Center’s courts and any of the judicial authorities in Dubai.
– The Authority has the right to determine the ruling that must be implemented in the event of conflicting rulings issued by the DIFC Courts and other judicial authorities in Dubai.
DUBAI, 8 APRIL / WAM / His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister, may God protect him, in his capacity as Ruler of the Emirate of Dubai, issued Decree No. (29) of 2024 regarding the Judicial Authority to resolve conflicts of jurisdiction between the courts of the Dubai International Financial Center. And the judicial authorities in the Emirate of Dubai.
The provisions of this decree apply to the “Judicial Authority of the Dubai Courts and the Dubai International Financial Center Courts”, formed pursuant to Decree No. (19) of 2016.
The decree stipulated amending the name “The Judicial Authority of the Dubai Courts and the Courts of the Dubai International Financial Center”, to become “The Judicial Authority to resolve conflicts of jurisdiction between the Courts of the Dubai International Financial Center and the judicial authorities in the Emirate of Dubai” wherever it is mentioned in any legislation in force in the Emirate of Dubai.
Decree No. (29) of 2024 also stipulated that the Judicial Authority be formed to resolve the conflict of jurisdiction between the courts of the Dubai International Financial Center and the judicial authorities in the Emirate of Dubai, headed by the President of the Court of Cassation in the Dubai Courts, and the Deputy President of the Center’s Courts, as Vice-President of the Authority, and the membership of: Secretary General of the Judicial Council in the Emirate of Dubai, the President of the Court of Appeal in the Dubai Courts, the President of the Courts of First Instance in the Dubai Courts, in addition to two judges from the Dubai International Financial Center Courts chosen by the President of the Center’s Courts. The judicial body shall have a secretary who shall be nominated by the head of the judicial body to resolve the conflict of jurisdiction between the courts of the Center and the judicial bodies from among the employees of any of the judicial bodies in coordination with the official of the judicial body. He shall be named at the first meeting of the judicial body.
(Powers of the judicial body)
According to the decree, the judicial body to resolve the conflict of jurisdiction between the courts of the Dubai International Financial Center and the judicial authorities in the Emirate of Dubai is responsible for carrying out tasks that include: determining the judicial authority competent to hear any case or request that may arise regarding the consideration of a conflict of jurisdiction between the courts of the Center and any of the judicial authorities in Dubai. The ruling shall be determined to be enforceable in the event of the issuance of conflicting rulings by the Centre’s courts and other judicial authorities in lawsuits by the same litigants and on the same subject matter of the dispute, and any other tasks or powers assigned to it by His Highness the Ruler of Dubai or the Chairman of the Judicial Council in the Emirate of Dubai.
The decree specified the mechanisms for holding judicial body sessions, the judicial body’s contact with the request and its decision, the effects of the judicial body’s contact with the request, and the payment of the insurance amount.
(Issuance of decisions and their validity)
According to the decree, the judicial body to resolve the conflict of jurisdiction between the courts of the Dubai International Financial Center and the judicial authorities in the Emirate of Dubai issues its decisions in the name of His Highness the Ruler of Dubai, and the decisions issued by it regarding determining the competent judicial authority or the judgment to be implemented are final and cannot be appealed in any way. Appeal.
The legal rules decided by the judicial body in the decisions it issues in accordance with the provisions of this decree are considered a judicial principle, adhered to by all judicial authorities at their various levels, including the courts of the Dubai International Financial Center. Violation of any subsequent judicial ruling to any of these rules is a reason for challenging it in any way. One of the legally prescribed methods of appeal.
The decree specifies the work system of the judicial body to resolve conflicts of jurisdiction between the courts of the Dubai International Financial Center and the judicial authorities in the Emirate of Dubai, and the mechanisms for considering and deciding on applications that have not been decided at the time the provisions of this decree come into force. The President of the Judicial Council in Dubai issues the necessary decisions to implement the provisions of this decree. Which replaces Decree No. (19) of 2016 regarding the formation of the judicial body for the Dubai Courts and the Dubai International Financial Center Courts.
Any text in any other legislation shall be repealed to the extent that it conflicts with the provisions of Decree No. (29) of 2024, provided that the decisions issued in implementation of Decree No. (19) of 2016 will continue to be implemented to the extent that they do not conflict with the provisions of Decree No. (29) of 2024. Until the decisions that replace it are issued.
Decree No. (29) of 2024 will be published in the Official Gazette, and will be effective from the day following the date of its publication.
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