DIFC Court: Basics – Data Protection

This article focuses on answering that question. What are DIFC Courts?

that is, basic understanding DIFC Courts in the following areas:

• DIFC Court Jurisdiction




• Functions of the DIFC Court




• DIFC Court Structure




• Introduction of each court




• Enforcement of DIFC Court Judgments

DIFC Court Jurisdiction

Dubai Law No. 12 of 2004 (as amended) and DIFC Law No. 10 of 2004 established the DIFC Special Court.

The DIFC Court has jurisdiction only in civil and business matters.

Until 2011, the DIFC Court exclusively heard cases on DIFC matters.

However, as it became so famous, its jurisdiction was expanded. Henceforth, if a party so desires, he may choose the DIFC law as the governing law and the DIFC courts as the jurisdiction of the contract.

Therefore, the Court may hear any civil or commercial action in which the parties have elected the jurisdiction of the DIFC Courts, either in the initial agreement or after a dispute.

Functions of the DIFC Court

These courts have the power to decide how to resolve commercial and civil disputes within their limits by applying one or more of the following remedies:

• Compensation for damages




• compensation




• compensation




• disgorgement

DIFC Court Structure

Court of Appeal

This tribunal shall consist of at least three judges

• with Supreme Court Justice




• Or the chief judge of the presiding judge.

The Court of Appeal shall have exclusive jurisdiction over:

• Appeals filed against judgments and awards by the Court of First Instance.




• Interpretation of the provisions of the DIFC Act at the request of a DIFC Agency or at the request of a DIFC Facility. But only if the facility has the permission of the Chief Justice in this regard. Such construction shall have the force of law.

The Court of Appeal makes the final order or judgment of the Court, No appeal shall be admissible against the decision of the Court of Appeal..

court of first instance

The Court of First Instance (CFI) has exclusive jurisdiction over civil or commercial cases involving the DIFC in the following circumstances:

1. Civil or commercial matters and disputes arising out of or relating to contracts performed, transactions executed in whole or in part within the DIFC, or incidents occurring within the DIFC.




2. An objection filed against a decision made by a DIFC body that is subject to objection by DIFC laws and regulations.




3. Any application in which the court has jurisdiction under the laws and regulations of the DIFC.




4. The court of first instance may decide if the contract at issue specifies the jurisdiction of the DIFC Courts (pre-dispute jurisdiction) or both parties have elected to use the DIFC Courts to resolve a dispute that has already arisen. case (post-dispute jurisdiction).

A single judge hears cases at the CFI.

Department of CFI

Commercial Division

• Resolution of complex disputes arising from civil and commercial matters




• The types of disputes that can be resolved through this division relate to, but are not limited to:

  • employment,

  
  

  • breach of contract,

  
  

  • real estate and lease agreements,

  
  

  • Banking and finance require specific expertise across the wide-ranging and complex evolution of disputes of this kind.

• Civil and Commercial Judge: Judge Sir Jeremy Cook

Technology/Construction Division

• I only listen to technically complicated cases.

Arbitration Division

• Another important service provided by the DIFC Courts is the Arbitration Section, especially for bodies in the MENA region.




• These courts employ common law principles in their proceedings and employ judges who specialize in international arbitration to address:




• • Appointment of an Independent Arbitrator

  
  

  • Voluntary Contract Interpretation

  
  

  • Implementation of transitional measures during the period of voluntary procedures

  
  

  • Enforcement of decisions after the end of the process

Division of the Digital Economic Court

• Advanced national and transnational research on current and emerging technologies across a variety of sectors, from big data, blockchain, AI, fintech and cloud services, to conflicts involving unmanned aerial vehicles (UAVs), 3D printing and even robotics. supervise disputes.

small claims court

• The Small Claims Court (SCT) can hear claims in three situations within the jurisdiction of the DIFC.




• 1. If the requested amount or value is:
     500,000 dirhams.

  
  

  2. If the claim relates to a party’s employment or previous employment and the amount or value of the claim exceeds AED 500,000, all parties to the claim will elect in writing to be heard by SCT.

  
  

  3. In the context of non-employment-related claims, where the amount or value of the claim does not exceed one million dirhams and all parties elect in writing to be heard by the SCT as agreed in the initial contract or after contract. . conflict.

Enforcement of DIFC Court Judgments

Judgments of the DIFC Court may be enforced in various jurisdictions in accordance with laws and conventions.

• in the emirate of dubai: According to the Federal Code of Civil Procedure. subject to the procedures under the DIFC Law (Dubai Law No. 12 of 2004, as amended).




• in other emirates:




• • through an execution judge in Dubai, or

  
  

  • Directly by a local “competent authority” within the UAE (Article 7(2) of Law No. 16 of 2011)




• GCC: Based on the GCC Convention (1996)




• The entire Arab region: under the Riyadh Treaty (1983)




• In France: According to the Paris Convention (1992),




• In many other countries (including China and India):

  • By domestic law governing the recognition and enforcement of foreign judgments.

sauce: DIFC Court Official Website

The content of this article is intended to provide a general guide on the subject. For your particular situation, you should seek professional advice.