GOVERNMENT OF DUBAI THE JUDICIAL COUNCIL
Resolution No. (11) of 2024
Regarding
The procedures and system of work for the Judicial Tribunal to resolve Conflicts of Jurisdiction between the Dubai International Financial Centre Courts and the judicial authorities in the Emirate of Dubai
We, Maktoum bin Mohammed bin Rashid Al Maktoum, First Deputy Ruler of Dubai and Chairman of the Judicial Council
After reviewing Federal Decree-Law No. (42) of 2022 issuing the Civil Procedures Law, and Decree No. (29) of 2024 regarding the Judicial Tribunal to resolve Conflicts of Jurisdiction between the Dubai International Financial Centre Courts and the Judicial Authorities in the Emirate of Dubai,
We issue the following decision:
Definitions
Article (1)
The words and phrases mentioned in this decision shall have the same meanings as stated in Decree No. (29) of 2024 referred to, and the following words and phrases, wherever they appear in this decision, shall have the meanings indicated opposite each of them, unless the context of the text indicates otherwise:
Decree : Decree No. (29) of 2024 regarding the Judicial Tribunal to resolve Conflicts of Jurisdiction between Dubai International Financial Centre Courts and judicial authorities in the Emirate of Dubai.
Application : The request submitted to the Judicial Tribunal to determine the judicial body competent to hear the case or the application, which is the subject of a dispute over jurisdiction between the Centre’s Courts and other judicial authorities in the Emirate, or to determine the enforceable ruling from among conflicting rulings issued by the Centre’s courts and other judicial authorities, in cases where the litigants and the subject of the dispute itself are the same
The disputant : The one who files an application
Respondent : The litigant against whom an application is filed
Secretary : The Secretary of the Judicial Tribunal appointed by the President of the Judicial Tribunal.
Digital Platform : The digital platform dedicated to registering, recording and managing application
Requirements for Submitting an Application to the Judicial Tribunal
Article (2)
A- The following requirements must be met when submitting applications to the judicial tribunal:
(1) Submit the application through the digital platform, in Arabic and English, in accordance with the form approved by the Judicial Tribunal for this purpose.
(2) Paying the security deposit specified in the decree, and depositing it in the treasury of the center’s courts as a trust.
B- If the application does not meet the requirements referred to in paragraph (A) of this article, the disputant shall be granted a period not exceeding (7) seven days to meet these requirements. If they are not met within this period, the application shall be deleted, and this shall not prevent the application from being resubmitted to the Judicial Tribunal again, provided that the requirements referred to in paragraph (A) of this Article are met.
C- The security deposit shall be confiscated if the application does not meet the requirements after the expiry of the period referred to in Paragraph (B) of this Article, and in this case the security amount shall be transferred to the treasury of the Centre’s courts.
Procedures for Submitting the Application to the Judicial Tribunal
Article (3)
A- The application shall be registered on the digital platform and shall be given a serial number once it meets the requirements stipulated in Article (2) of this decision. The disputant may not submit any additional requests or documents after the application has been registered on the digital platform, except with the approval of the President of the Judicial Tribunal.
B- The Secretary shall notify the judicial authority that has conflict of jurisdiction with the Centre’s courts in the application submitted to the Judicial Tribunal, within one business day from the date of its registration on the digital platform.
C- The Secretary shall notify the litigant against whom the dispute is filed, of the request submitted before the judicial tribunal, within
two working days of the date of its registration on the digital platform.
D- The respondent must submit a memorandum in response to the application, in both Arabic and English, within (7) seven working days from the date of notice of an application. He may request an extension of this period before its expiration for a similar period as a maximum, and for one time only. He may not submit his response memorandum or any requests or additional documents after the specified period has passed, except with the approval of the President of the Judicial Tribunal.
E- If the respondent does not submit his response memorandum within the period referred to in paragraph (d) of this article, the Secretary shall proceed with the procedures for submitting the request to the Judicial Tribunal to decide on it as it stands. The Judicial Tribunal may accept the response memo if it is submitted to it after the expiry of that period, provided that it is this memorandum has not been previously presented to it by the respondent.
F- The Secretary shall refer the application to the Judicial Tribunal within (5) five working days from the date of expiry of the period mentioned in paragraph (D) of this article.
Date of attending the Application by Judicial Tribunal
Article (4)
The results of Judicial Tribunal’s attending of the application, as referred to in Article (7) of the Decree, shall be effective from the date of registration on the digital platform.
Consider and Decide on the Application
Article (5)
A- The Judicial Tribunal shall consider the request submitted to it and decide on it within (30) thirty days from the date of its referral to it by the Secretary, in accordance with the provisions of Paragraph (F) of Article (3) of this decision. This period may be extended by a decision of the President of the Judicial Tribunal, or his deputy in his absence, based on the circumstances of the request and the course of its procedures, for a similar period, and for one time only.
B- The Secretary shall notify the parties, litigants, the Centre’s courts and the judicial authority that has a conflict of jurisdiction, with the decision issued by the Judicial Tribunal, within two working days from the date of its issuance.
Contents of Judicial Tribunal’s Decisions
Article (6)
Judicial Tribunal’s decisions must include the following:
1- Application number.
2- 2 The name of the Disputant and the name of the Respondent.
3- Evidence that the application meets the requirements for filing at the Judicial Tribunal.
4- The facts of the application, the parties’ requests/claims and their responses thereto.
5- Summary of the reasons for the judicial tribunal’s decision and the response to the parties’ claims and arguments/defenses.
6- -Date of issuance of the Judicial Tribunal’s decision.
Annual Report
Article (7)
The Judicial Tribunal shall prepare an annual report on the applications submitted to it and the decisions issued regarding them, and submit it to the President of the tribunal, for guidance, as he deems appropriate.
Providing support to the Judicial Tribunal
Article (8)
The Centre’s Courts shall provide all forms of administrative, financial and technical support to the Judicial Tribunal, in order for enabling it to perform the tasks and powers assigned to it under the Decree, this Decision and other decisions issued in accordance with both of to them.
Issuance of Executive Decisions
Article (9)
The President of the Judicial Tribunal shall issue the decisions and instructions necessary to implement the provisions of this decision.
Effective Date and Publishing
Article (10)
This decision shall be effective from the date of its issuance and shall be published in the Official Gazette.
Maktoum bin Mohammed bin Rashid Al Maktoum, First Deputy Ruler of Dubai and Chairman of the Judicial Council
Issued in Dubai on October 7, 2024
Corresponding to: 4/ Rabi` al-Thani/ 1446 AH
Dubai .U.A.E . Email: gso@gsjc.dubai.gov.ae