His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, in his capacity as Ruler of Dubai, has issued a decree on the ‘Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in the Emirate of Dubai’. The decree establishes a new judicial authority tasked with streamlining the adjudication process and ensuring the effective administration of justice in Dubai.
The provisions of the decree apply to judicial bodies in Dubai, including the Court of Cassation, the Court of Appeal, the Court of First Instance, and any other court that will be established as part of the judicial authority in Dubai. The decree also applies to DIFC Courts.
According to Decree No. (29) of 2024, the name of the Judicial Tribunal for Dubai Courts and DIFC Courts will change to the ‘Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in Dubai’, wherever it appears in any legislation applicable in the Emirate of Dubai.
Judicial Authority leadership
According to Decree No. (29) of 2024, the president of the Court of Cassation at Dubai Courts will chair the new authority. Meanwhile, the deputy chief justice of DIFC Courts will serve as deputy chairman.
Members of the Authority also include:
- Secretary general of the Dubai Judicial Council
- President of the Court of Appeal at Dubai Courts
- President of the Court of First Instance at Dubai Courts
- Two DIFC Courts judges will be selected by the Chief Justice of DIFC Courts
The chairman of the authority has the authority to appoint an employee from any of Dubai’s judicial bodies to assume the role of the secretary general of the authority.
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Key provisions of the decree
Decree No. (29) of 2024 states that the authority’s tasks include determining the competent court for disputes, specifying enforceable judgments in case of conflicts, and implementing tasks that the Ruler of Dubai or the Chairman of the Dubai Judicial Council assigns.
Besides, the decisions that the authority takes are final and not subject to appeal in any form. Moreover, the legal rules the judicial authority sets in decisions under the purview of the decree are judicial principles binding on all courts. This includes those of the DIFC Courts. Any ruling that conflicts with these rules will undergo appeal through legally defined channels.
The Chairman of the Dubai Judicial Council will issue the decisions necessary to implement Decree No. (29) of 2024. Moreover, this decree replaces Decree No. (19) of 2016 on the Judicial Tribunal for the Dubai Courts and DIFC Courts.
Decree No. (29) of 2024 also annuls any other legislation that may contradict it. The decisions under Decree No. (19) of 2016 will remain in place unless they contradict with Decree No. (29), until new ones replace them.
Dubai will publish Decree No. (29) of 2024 in the Official Gazette. It becomes effective the day after its publication.
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