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Digital Economy Court (DEC) Division
The DIFC Courts launched a new set of industry-first specialised Rules for its recently formed Digital Economy Court (DEC) Division.
In addition, leading international judicial expertise has been recruited to oversee and operate the new Court’s cutting-edge digital infrastructure and service capabilities. Under Decree No. 29 of 2022, His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice President, Prime Minister of the UAE and Ruler of Dubai, has appointed Justice Michael Black of England & Wales, who will oversee the Digital Economy Court Division.
Following the announcement of the dedicated Division in 2021, a global panel of lawyers, led by Tom Montagu-Smith KC and Matthew Watson of 3VB Chambers, and industry experts, were tasked to draft and confirm new specialised Rules, which were also subject to a 30-day public consultation and finalised under the supervision of Justice Michael Black.
Reviewed and approved by His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, Deputy Prime Minister, Minister of Finance, and President of the DIFC, the new ‘Part 58’ of the DIFC Courts Rules will facilitate the efficient and modern resolution of digital economy disputes, standardising the use of smart forms to provide information through a dynamic, artificial intelligence driven platform. In line with the Courts’ paperless mandate, cases will also be conducted using advanced digital systems to expedite service to parties and enforcement, with a view to reducing the environmental impact of court proceedings.
In 2021, the DIFC Courts established the Digital Economy Court Division to oversee sophisticated national and transnational disputes related to current and emerging technologies across areas ranging from big data, blockchain, AI, fintech, and cloud services, to disputes also involving unmanned aerial vehicles (UAVs), 3D printing, and robotics.
In 2022, the DIFC Courts issued a judgment in the case of (1) Gate Mena DMCC (2) Huobi Mena FZE v (1) Tabarak Investment Capital Limited (2) Christian Thurner which related to one of the first cryptocurrency litigation disputes in the region and one of the few reported cases anywhere in the world which addresses issues such as the safe transfer of cryptocurrency between buyer and seller and the obligations owed by a custodian of cryptocurrency. This case gave rise to various other interesting questions such as the nature of Bitcoins, i.e., whether cryptocurrencies are considered commodities, currencies, properties, or something entirely different, and the appropriate time to value Bitcoins.
From November 26 - 27, the DIFC Courts held a virtual Moot Court, inviting 18 teams of international law students and 25 qualified judges to hold a two-day competition to test-proof the new DEC Rules across a dispute involving cryptocurrency.
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