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About the DIFC Courts

The DIFC Courts

The DIFC Courts were established under two laws enacted by His Highness Sheikh Maktoum bin Rashid Maktoum, Ruler of Dubai. Dubai Law No. 12 of 2004 established the Judicial Authority at the DIFC sets out the jurisdiction of the Courts and allows for the independent administration of justice in the DIFC. DIFC Law No: 10 of 2004 sets out the powers, procedures, functions and administration of the DIFC Courts.
(click here to view the legal framework of the DIFC Courts)

The laws establishing the DIFC Courts are designed to ensure the highest international standards of legal procedure thus ensuring that the DIFC Courts provide the certainty, flexibility and efficiency expected by the global institutions operating within the DIFC.

DIFC Courts' functions

The laws enacted provide for a court system designed especially for the sophisticated transactions that will be conducted in the DIFC. The DIFC Courts deal exclusively with all cases and claims arising out of the DIFC and its operations.

The DIFC Courts carry out their functions in an independent manner, in accordance with the provisions of the DIFC laws and regulations.

The DIFC laws allow for any institution operating within the DIFC to select a legal jurisdiction of its choice, other than the DIFC, when entering into contracts. However, in the event that parties do not do so, the DIFC laws will be applicable by default and they can file a case in the DIFC Courts.

The DIFC Courts have jurisdiction over civil and commercial matters only. The DIFC Courts do not have jurisdiction over criminal matters. All criminal matters are referred to the appropriate external authority.

Powers of the DIFC Courts

The DIFC Courts have the power, in matters over which it has jurisdiction, to make any orders, including interlocutory orders and to issue or direct the issue of any writs it considers appropriate. Orders may be made in relation to restitution, disgorgement, compensation, or damages. The DIFC Courts may also waive any procedural requirements if the DIFC Courts are satisfied that an applicant is unable to meet the procedural requirement.

The Former Chief Justice has appointed two of the Judges as Executive Judges with the jurisdiction to issue Enforcement Orders within the DIFC.