TABLE OF CONTENTS
Message from the Director
Strong uptake of services in first six months of 2024
Conflicts of Jurisdiction Tribunal’s first meeting
Launch of new suite of Digital services
Memorandum with Saint Joseph University Dubai Mohammed bin Rashid presides over the swearing-in ceremony
Outreach and partnerships
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Message from the Director
Welcome to the second DIFC Courts Bulletin of 2024.
As the DIFC reflected on its 20-year anniversary in 2024, the DIFC Courts remained confident that our mandate continued to enable businesses to flourish and people to interact in a stable and predictable environment, supporting federal and local strategic goals.
Following a record-year for the DIFC Courts in 2023, we continued to record strong uptake of core and ancillary services of the DIFC Courts for the first six (6) months of 2024. The value of cases across all Divisions in the first half of 2024 was AED 1.05 billion, with a total number of 480 cases filed. In the main Court of First Instance (CFI), 57 cases were filed, with the total value of AED 1.02 billion and an average case value of AED 39.3 million.
We also committed further research and development of new innovative, efficient and cost-effective mechanisms in the latter six (6) months of 2024 to assist our court users, whilst also maintaining core judicial excellence through our case management and skilled bench of judges.
Guided by the vision of His Highness Sheikh Mohammed bin Rashid Al Maktoum and the directives of His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, First Deputy Ruler of Dubai, Deputy Prime Minister and Minister of Finance of the UAE, and Chairman of the Dubai Judicial Council, the newly formed Conflicts of Jurisdiction Tribunal (CJT)Tribunal held its first meeting in July 2024. The meeting discussed the rules and procedures of the Conflicts of Jurisdiction Tribunal (CJT), which has been tasked with a more definitive mandate to focus exclusively on being the final arbiter of jurisdictional conflicts in Dubai.
We were also very proud to introduce a new Chief Justice to the DIFC Courts in October; in his capacity as the Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, issued Decree No. (58) of 2024, appointing Judge Wayne Stewart Martin. Chief Justice Martin has served the DIFC Courts since his appointment as a Court of Appeal Judge in December 2019. A special note of gratitude goes to our former Chief Justice, Zaki Azmi, whose leadership has left a lasting legacy.
Our bench received further expertise when in November, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, presided over the swearing-in ceremony of three (3) new judges of the Dubai International Financial Centre (DIFC) Courts. Justices Thomas Bathurst, Sapna Jhangiani, and Roger Stewart took their oath as judges of the Court of Appeal under Decree No. (59), issued in September 2024.
Our new digitally driven societies, individuals and businesses are demonstrating increased desire for easily accessible public services. The strong growth momentum arising from the
implementation of the Dubai Economic Agenda D33, and the Dubai Digital Strategy, has touched a diverse range of sectors, including government legal services.
Our obligation is to deploy the latest emerging technologies to facilitate this growth and demand. Breaking down the boundaries of access to justice sits at the core of our operations; the launch of our new digital services at GITEX Global 2024 provide ease of process across administrative tasks, such as notarisation, to more complex matters involving alternative dispute resolution and inheritance. The DIFC Courts, together with its public and private sector partners, is proud to spearhead some of the UAE’s most progressive government legal services, supported by smart technology implementations. More details on these services can be found inside the Bulletin.
On a final note, I am particularly proud of our ongoing drive to not only maintain existing partnerships and collaborations, but to forge new alliances each year; we believe our signed MoU with Saint Joseph University Dubai in late October will greatly support not only the educational sector within Dubai and the UAE, but also the future courts and legal sector, as it will allow us to exchange information and expertise between both parties.
Work with universities has long been a strategic priority of the DIFC Courts given that it allows us to contribute to building bridges of cooperation and knowledge and lays the foundation blocks for future court and legal enhancements. We look forward to strengthening the connections between students and our courts service and to the new opportunities for practical training and employment provided by the DIFC Courts.
H.E. Justice Omar Al Mheiri Director, DIFC Courts
DIFC Courts records strong uptake of services in first six months of 2024
In July, the DIFC Courts released its figures for the first six months of 2024, reflecting continued growth in case numbers for the region’s pre-eminent forum for English language dispute resolution. In addition, there has been an uptake of additional ancillary services, such as the tejouri digital vault service, as Dubai Government’s paperless mandate drives demand for secure digital storage of life admin documentation.
The value of cases across all Divisions in the first half of 2024 was AED 1.05 billion, with a total number of 480 cases filed. In the main Court of First Instance (CFI), 57 cases were filed, with the total value of AED 1.02 billion and an average case value of AED 39.3 million.
Claims brought before the CFI involved companies and business across a wide range of sectors, including banking & finance, real estate, construction, manufacturing, retail, intellectual property, and pharmaceutical, and involving disputes related to breach of contract, employment, and outstanding payments.
Reinforcing year-on-year increased efficiency through its digital and paperless strategy, statistics also confirm that the DIFC Courts issued 100% of Orders and Judgments digitally, with over 913 Orders in the first six months of 2024, and a further 85 Judgments issued for the same period. In addition, 96% of hearings in the CFI were conducted remotely, whilst the SCT
The operational capacity of the region’s first Small Claims Tribunal (SCT) was strong in the first six months of 2024, with 265 claims filed, and an overall claim value totaling AED 27.2 million. The average claim value of cases filed at the SCT was AED 109,000. Claims were driven primarily by disputes involving breach of contract, employment, and property & tenancy.
recorded 100% and the Court of Appeal recorded 75% remote hearings in the first six months of 2024.
Launched through a partnership in 2015 between the DIFC Courts and the Government of Dubai, the Wills Service was established to enable non-Muslims who are investing and living in the UAE to pass on their assets and appoint guardians for their children in line with their wishes through a Will registration service.
In the first six months of 2024, the Wills Service registered 810 Wills, a 6% increase in the number of registrations compared with the first six months of 2023, and issued nine (9) Probate orders. Since its inception, the Wills Service has registered over 11,000 Wills.
Also part of the DIFC Courts’ expanding ancillary services, tejouri, launched in 2022, has recorded over 20% increase in the number of registered digital vaults in the first half of 2024. tejouri provide a unique platform that functions simultaneously as a cloud vault and an online safe for data, supported by a stateof-the-art onsite DIFC data centre and a secondary UAE-based backup data centre.
All uploaded life admin files are secured under the highest standards of security regulation, using multiple factors of authentication, encrypted data, personalised biometric information and safe-keeping ledgers through advanced cryptography. Using Distributed Ledger Technology (DLT), tejouri ensures the transmission of your entire portfolio to your designated stakeholders, or loved ones, at a key time.
In February 2024, Moro Hub, a subsidiary of Digital DEWA, the digital arm of Dubai Electricity and Water Authority (PJSC), awarded the Green Certificate to the DIFC Courts in recognition of its commitment to sustainability for utilising Moro Hub’s Green Cloud, which was adopted in 2023 for its expanding digital infrastructure needs.
Moro Hub’s Green Cloud is designed and developed to offer private and public enterprises energy-efficient solutions. This initiative actively contributes to diminishing carbon footprints and supports sustainable practices within the dynamic digital realm.
The provisions of the Decree are applicable to judicial bodies in Dubai, including the Court of Cassation, the Court of Appeal and 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. New Rules and Procedures are scheduled to be confirmed by the new Tribunal in the coming months that will provide further clarity to court users.
In May 2024, the DIFC Courts further cemented relations with one of Asia’s leading financial centres through a cooperation
agreement with The Law Society of Hong Kong. The MoU was signed as part of a Hong Kong delegation visit, which also included Mr. Paul Lam SC, Secretary for Justice of the Hong Kong Special Administrative Region Government, and the Hong Kong Trade Development Council (HKTDC).
Devised as a mandate for knowledge sharing and cooperation, resulting collaboration through memoranda activities serve as a mechanism to foster investor confidence and cultivate further access to justice. This memorandum with The Law Society of Hong Kong aids closer relations between two leading common law institutions, as well as facilitating more confidence for businesses from Hong Kong and the UAE transacting between two of Asia’s leading financial centres.
480
Total number of Wills have been registered since its inception 11,000
Total value of cases across all divisions 1.05 Billion
Total number of cases filed across all divisions of internal processes and court-user services operating fully paperless 100%
The average claim value of cases filed at the Small Claims Tribunal 109,000 AED
Conflicts of Jurisdiction Tribunal holds its first meeting following the issuance of Decree No. (29) of 2024
In July, the newly formed independent Conflicts of Jurisdiction Tribunal (CJT) held its first meeting following the issuance of Decree No. (29) of 2024 by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai. The Decree issued in April 2024 established the new Judicial Authority for Resolving Jurisdictional Conflicts between the DIFC Courts and Judicial Bodies in the Emirate of Dubai (Conflicts of Jurisdiction Tribunal).
The meeting was chaired by His Excellency Justice Abdulqader Moussa, Chief Justice of the Court of Cassation at Dubai Courts. Also attending the meeting were His Excellency Justice Omar Al Mheiri, First Deputy Chief Justice of the DIFC Courts and Deputy Chairman of the Tribunal; and members of the new tribunal including His Excellency Justice Issa Mohammed Sharif, Chief Justice of the Court of Appeal, Dubai Courts; His Excellency Justice Ali Al Madhani, Second Deputy Chief Justice, DIFC Courts; His Excellency Justice Shamlan Al Sawalehi, Court of Appeal Judge and Judge In Charge of the Arbitration Division, DIFC Courts; His Excellency Justice Khalid Al Hosani, Chief Justice of the Court of First Instance, Dubai Courts; and the Secretary General of the Dubai Judicial Council.
His Excellency Justice Abdulqader Moussa, Chief Justice of the Court of Cassation at Dubai Courts, and Chairman of the CJT said: “Guided by the vision of His Highness Sheikh Mohammed bin Rashid Al Maktoum and the directives of His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, First Deputy Ruler of Dubai, Deputy Prime Minister and Minister of Finance of the UAE, and Chairman of the Dubai Judicial Council, the Tribunal aims to enhance Dubai’s judicial system and make it a model for the efficient delivery of justice and the protection of rights.”
The meeting discussed the rules and procedures of the Conflicts of Jurisdiction Tribunal (CJT), which has been tasked with a more
definitive mandate to focus exclusively on being the final arbiter of jurisdictional conflicts in Dubai.
“The formation of this independent Tribunal ushers in a new phase of transparency of process to jurisdictional disputes within Dubai and greater certainty for the communities we serve. We are confident that the rules and procedures of the Tribunal will provide an enhanced user-friendly experience, and facilitate more effective and less-expensive access, ensuring world-class judicial standards. The continuous development of the judicial system supports Dubai’s sustainable development objectives and its growing status as a major global and regional economic hub.”
Decree No. (29) of 2024 replaces Decree No (19) of 2016, which had established the Joint Judicial Committee (JJC) to resolve conflicts of jurisdiction between the DIFC Courts and the Dubai Courts. As Decree No. 29 details, the oversight will now extend beyond jurisdictional conflicts between the DIFC Courts and the Dubai Courts to encompass the Rental Disputes Centre, the Judicial Committees formed by a decree or decision issued by the Ruler of Dubai, and other bodies deemed as judicial authorities in Dubai.
The new rules and procedures stipulate that the Tribunal will issue decisions within 30 days of the final submissions by the parties. Although there will be no automatic stay on proceedings, a request for a stay can be included in all claims filed with the Tribunal and will be addressed before reviewing the claims. Decisions regarding a stay on proceedings will be issued within 14 days of the date of service.
Ther Tribunal will also introduce the adoption of a common law style precedents system for the decisions. Article 9(c) of the new Decree stipulates that the legal rules prescribed by the Tribunal in its decisions are to be deemed as judicial principles, which will be final and binding on all judicial bodies.
The day-to-day administration and case management of the Tribunal will be overseen by the DIFC Courts and Dubai Courts.
DIFC Courts launches new suite of digital services at GITEX Global 2024, including Digital Assets Will
In October, the DIFC Courts announced the launch of a new suite of digital public services, including the Digital Assets Will. Unveiled at GITEX Global 2024, live demonstrations showcased new service platforms, accessibility, functionality, and security protocol features.
A new edition to the current group of Wills Service offerings by the DIFC Courts, the Digital Assets Will empowers individuals to distribute their digital assets using a non-custodial DIFC Courts wallet. A non-custodial wallet also allows an individual the freedom to reallocate the assets to the desired beneficiaries within their wallet, and for full control to mobilise in and out of the wallet in their lifetime, with assets finally distributed as ‘specific gifts’.
Digital format assets recognised by the wallet include ETH; BTC; MATIC; USDC; USDT; and HBAR. Future enhancements to the system will include supported NFT standards ERC 721; ERC 115; Ordinals; and HTS (Hedera Token Service).
The new Will template joins the extensive legacy Will types offered by the DIFC Courts, including the Full Will, the Property Will, the Financial Assets Will, the Business Owners Will and the Guardianship Will. An existing online automated Will drafting service, and a Virtual Registry reinforce a 360 digitally accessible service, allowing those living domestically and overseas to create and register a DIFC Courts Will. Investors and residents can access it from anywhere in the world and be connected, via video link, to a compliance officer sitting in Dubai.
Wills can also then be added to the global digital vault, tejouri. Launched in 2022, tejouri provides a unique platform that functions simultaneously as a cloud vault and an online safe for data, supported by a state-of-the-art onsite DIFC data centre and a secondary UAE-based backup data centre. Access to all data is restricted to the ‘vault holder’ and the listed intended recipients, guaranteeing zero knowledge proof privacy principles.
All uploaded life admin files are secured under the highest standards of security regulation, using multiple factors of authentication, encrypted data, personalised biometric information and safe-keeping ledgers through advanced cryptography. Using Distributed Ledger Technology (DLT), tejouri can ensure the transmission of your entire portfolio to your designated stakeholders, or loved ones, at a key time. Also announced as part of the new upcoming digital services is the Notary Service, which will be the notarising English documents only and is the first-of-its-kind service in the UAE. The service will provide three (3) options for users; an automated self-service; a live virtual system; and an in-person service.
Users of the service will also have the option to utilise an authentication service through primary source verification (PSV).
An electronic or physical stamp and seal will be issued with each document and notarised documents will be verified using advanced cryptographic methods, powered by Hedera Blockchain, by logging notarisation events with a timestamp on the blockchain. Preservation and integrity of documents will be ensured using distributed ledger technology (DLT) by converting documents to NFTs, in compliance with ERC20 standards. User privacy will be maintained at all times through advanced encryption methods and privacy-preserving protocols, ensuring that sensitive information is fully protected throughout the entire process.
Document types accepted for attestation and notarisation will include, but is not limited to, affidavits, witness statements, Wills, power of attorney, trade licenses, title deeds, health certificates, marriage certificates, and bank statements.
As part of the mission of the DIFC Courts to provide an effective portfolio of dispute resolution mechanisms, a new alternative dispute resolution avenue will also be provided. The Mediation Service Centre will enable parties to negotiate resolution of their dispute with the help of DIFC Courts Part III registered mediators.
Parties will be able to choose the mediators and agree fees and terms in advance, as well as the choice to conduct mediation meetings online using the newly upgraded and AI-enabled Court Management System (CMS), or in-person at the DIFC Courts premises.
The new suite of services were launched with the support of The Hashgraph Association, specialists in building Distributed Ledger Technology ecosystems, with Hedera technology utilised by the DIFC Courts to construct a bespoke DLT architecture and establish access to a decentralised trust application.
Deca4 Advisory also supported the DIFC Courts with architecting the new digital services, as well as support from the DataFlow Group, who specialise in Primary Source Verification (PSV) solutions and background screening and provided a checkpoint for tamper-proof, verifiable credentials of documentation entering the DIFC Courts service systems.
DIFC Courts signs memorandum with Saint Joseph University Dubai
In October, the DIFC Courts and Saint Joseph University Dubai signed a landmark Memorandum of Understanding (MoU) aimed at enhancing legal education and providing students with invaluable practical experience within a courts system ecosystem. The signing ceremony took place at the university’s premises in the presence of the Director of the DIFC Courts, H.E. Justice Omar Al Mheiri, and the President of Saint Joseph University, Professor Salim Daccache and the Dean of the School of Law, Professor Marie-Claude Najem, cementing a new era of cooperation between these two prestigious institutions.
The MoU outlines several areas of collaboration, including organising joint outreach initiatives such as seminars, conferences, and workshops. These initiatives will provide both law students and legal professionals with opportunities to engage with the latest developments within a courts system. Additionally, the MoU will enable students from Saint Joseph University to participate in training programmes hosted by the DIFC Courts, where they will gain first-hand exposure to judicial proceedings and court practices.
A key component of the MoU is the involvement of DIFC Courts’ judges in the academic development of Saint Joseph University students. The agreement allows the DIFC Courts judges to contribute by delivering guest lectures, teaching specialised courses, and supervising mock trials.
These activities will not only bridge the gap between theory and practice, but also prepare students for the evolving demands of the legal profession.
The President of Saint Joseph University Dubai, speaking at the ceremony, highlighted the significance of this collaboration, stating, “We have a long-standing and strong relationship with the DIFC Courts, as the Courts have hosted a large number of our students for internships, and regular visits were organised to acquaint students with the workings of the UAE’s first and oldest common law jurisdiction. Additionally, workshops were held at the university, through which students benefited from the international expertise of the DIFC Courts. We hope that this fruitful cooperation will continue in the future, and we look forward to more initiatives and workshops that enhance our students’ education.”
The Director of the DIFC Courts echoed this sentiment, adding, “We believe that this partnership will greatly support not only the educational sector within Dubai and the UAE, but also the future courts and legal sector, as it will allow us to exchange information and expertise between both parties. Work with universities has long been a strategic priority of the DIFC Courts given that it allows us to contribute to building bridges of cooperation and knowledge and lays the foundation blocks for future court and legal enhancements. We look forward to strengthening the connections between students and our courts service and to the new opportunities for practical training and employment provided by the DIFC Courts.”
The collaboration between Saint Joseph University Dubai and the DIFC Courts underscores a shared commitment to fostering excellence in legal education and preparing students to excel in a dynamic courts and legal environment.
Mohammed bin Rashid presides over the swearing-in ceremony of new DIFC Courts judges
In November, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, presided over the swearing-in ceremony of three new judges of the DIFC Courts. The swearing-in ceremony was also attended by His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, First Deputy Ruler of Dubai, and Deputy Prime Minister and Minister of Finance of the UAE, and President of DIFC.
HH Sheikh Mohammed bin Rashid wished the newly appointed judges success in their new roles, and highlighted that justice serves as a fundamental pillar for fostering a strong society and a thriving economy. He highlighted the pivotal role of the judicial system in maintaining the rule of law.
His Highness also emphasised that integrity and transparency are core values that have shaped the development of DIFC, making it one of the world’s leading financial hubs. He noted that
the judiciary plays a crucial role in preserving and strengthening this status by upholding the principles of efficiency and independence. Judges Thomas Bathurst, Sapna Jhangiani, and Roger Stewart took their oath to join the Court of Appeal at the DIFC Courts. They expressed their gratitude for the opportunity to be part of the DIFC Courts.
The ceremony was attended by His Highness Sheikh Ahmed bin Saeed Al Maktoum, President of the Dubai Civil Aviation Authority, Chairman of Dubai Airports, and Chairman and Chief Executive of Emirates Airline and Group; His Highness Sheikh Mansoor bin Mohammed bin Rashid Al Maktoum, Chairman of the Dubai Ports and Borders Security Council; His Excellency Essa Kazim, Governor of the Dubai International Financial Centre; Justice Wayne Stewart Martin, Chief Justice of the DIFC Courts; and Justice Omar Al Mheiri, Director of the DIFC Courts.
His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, has also issued Decree No. (58) of 2024, appointing Judge Wayne Stewart Martin as the Chief Justice of the Dubai International Financial Centre Courts. This decree, effective from September 12, 2024.
Outreach and partnerships
During a visit to Ras Al
aimed at fostering closer working relationships and future collaboration,
and
an
H.E. Judge Ali Al Madhani, Deputy Chief Justice; and the DIFC Courts team have met with H.E. Mohamed AlBadi, President; the Federal Supreme Court judges and team.
Khaimah (RAK) Courts
His Excellency Justice Ali Al Madhani, Deputy Chief Justice,
the DIFC Courts team, attended public hearings and received
overview of the current procedures in place at RAK Courts.
During the DIFC Courts participation at GITEX Global 2024, where delegates from various government and private organisations were welcomed to the stand for live demonstrations of the Courts’ digital services.
DIFC Courts hosted a networking event for the legal community in the UAE to introduce the Courts’ newly appointed Chief Justice, H.E. Wayne Martin.
His Highness Sheikh Sultan bin Ahmed Al Qasimi, Deputy Ruler of Sharjah and Chairman of the Sharjah Judicial Council, welcomed the DIFC Courts delegation led by H.E. Justice Omar Al Mheiri, Director of the DIFC Courts, at His Highness’s office at the University of Sharjah.
The DIFC Courts team was pleased to welcome Jing Hanchao, Vice President, China Law Society, and the Chinese legal delegation at the Courts’ premises in Dubai.
Our Chief Registrar, Amna Al Owais; and the DIFC Courts team were pleased to welcome H.E. Aisha Miran, Director General; and the Knowledge and Human Development Authority team for the ‘Mock arbitration hearing for children – Cookies, Milk and a Dispute’ which was held at the DIFC Courts premises.
The DIFC Courts panel discussion on ‘The multi-door courthouse: the courts, arbitration and mediation’ during Dubai Arbitration Week 2024.
During the DIFC Courts attendance and participation at the International Association for Court Administration (IACA) Conference in Singapore, led by Courts’ Director, H.E. Justice Omar Al Mheiri.