The Dubai International Financial Centre Judicial Authority
The DIFC Court
DIFC Court Practice Direction No. 1 of 2005
The Chief Justice of the DIFC Court pursuant to Article 32 of the DIFC Court Law No. 10 of 2004 (“The Law”) hereby —
(1) publishes the text of the Rules of DIFC Court (Interim Arrangements) Order No 1 of 2005 (DIFC Order No.1 of 2005) as recommended by him to the President of the Dubai International Financial Centre for enactment under Article 31(1) of the Law and as attached hereto as Schedule 1;
(2) directs that with effect from 26 September 2005 and upon enactment of the same all proceedings before the DIFC Courts shall be conducted in accordance therewith; and
(3) pursuant to paragraph 7 of the said Order, prescribe that the forms attached hereto as Schedule 1 shall be used in proceedings before the Court.
Signed Chief Justice of the DIFC Court
Dated: 14th December 2005
DIFC Order No. 1 of 2005 In respect of
Rules of DIFC Court (Interim Arrangements) Order No. 1 of 2005
We, Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, President of the Dubai International Financial Centre,
After having reviewed;
Dubai Law No. 9 of 2004 in respect of the establishment of the DIFC;
Dubai Law No. 12 of 2004 in respect of the Judicial Authority at the DIFC;
DIFC Law No. 10 of 2004 in respect of the DIFC Court Law.
Hereby enact as follows:
1. This Order shall be cited as Rules of Court (Interim Arrangements) Order No. 1 of 2005.
2. In this Order, unless the context otherwise requires:
a. “the Law” means the DIFC Court Law No. 10 of 2004;
b. “the Court” means the DIFC Court;
c. “Rules” mean rules of procedure of the Court enacted under Article 31 of the Law;
d. “the Chief Justice” means the Chief Justice of the Court;
e. “the CPR” means the English Civil Procedure Rules as up-dated from time to time. The full text of the CPR may be found at www.dca.gov.uk/civil/procrules_fin/index.htm;
f. “the Guide” means the English Admiralty and Commercial Courts Guide 2002. The full text of the Guide may be found at www.hmcourts-service.gov.uk/publications/guidance/admiralcomm/index.htm
3. This Order shall be interpreted in accordance with the interpretative provisions set out at paragraphs 1 and 2 of the Schedule to the Law and all defined terms, unless otherwise indicated, shall bear the same meanings as set out under paragraph 3 of the Schedule to the Law.
Application of the CPR and the Guide
4. Until such time as the Rules are fully enacted and thereafter if no provision is made or no appropriate form is provided by the Rules or any law in force in the DIFC, the following rules of practice and procedure shall be followed and adopted:
a. Such Rules as shall have been enacted;
b. To the extent that no Rule dealing with the matter shall have been enacted, with regard to the Court of First Instance, the Guide together with any prescribed forms with such changes as the Court considers appropriate to be applied in the circumstances;
c. Insofar as the Guide does not deal with the matter or makes reference to the CPR, the CPR together with any prescribed forms with such changes as the Court considers appropriate to be applied in the circumstances;
d. With regard to the Court of Appeal, Part 52 of the CPR and any associated practice directions, as therein defined, together with any prescribed forms with such changes as the Court considers appropriate to be applied in the circumstances.
The Registry and Consultant Registrar
5. Until completion of the Court Building, the Registry of the Court shall be situated at Level 14, The Gate, Dubai, UAE, and will be open between 10 am and 5 pm, Sunday to Thursday, excepting UAE national holidays.
6. Pending the appointment of a Registrar under Article 16(1) of the Law, the Chief Justice may appoint a Consultant Registrar to discharge the duties of the Registrar under the Law and this and any subsequent Order and such other administrative powers of the Chief Justice as he may delegate to him.
Court Forms and Commencement of Proceedings
7. The Chief Justice will by practice direction prescribe the forms to be used in proceedings before the Court. The forms may be modified as the circumstances require, provided that all essential information, especially information or guidance which the form gives to the recipient, is included.
8. Proceedings must be commenced in accordance with the rules of procedure and practice as set out at paragraph 4 of this Order. The fee payable on commencement of originating proceedings is US$1,000.00.
Sittings of the Court, Proceedings and Venue
9. Sittings of the Court will take place on dates to be published on the Court’s website (www.difccourts.ae) and on such other dates as may be specified by the Chief Justice or the Registrar on his behalf.
10. In the case of urgent applications for which no sitting date has been specified, the Chief Justice will make available a Judge of the Court by video link, telephone, electronic device or other appropriate means. Attention is drawn to the Video-conferencing Protocol at Appendix 14 to the Guide.
11. Until the completion of the Court Building, sittings of the Court will take place at Level 14, The Gate, Dubai, UAE.
Rights to Conduct Proceedings and Rights of Audience
12. Until regulations are in place establishing a Bar accredited to the Court the following provisions shall apply.
12.1 The Registrar will maintain a register of those authorised to issue and conduct proceedings and to appear before the Court on behalf of others.
12.2 No fees will be payable in respect of entry in the register.
12.3 Applications for entry in the register must be made to the Registrar and be supported by proof in writing that:
(a) the applicant possesses the right to conduct litigation and/or a right of audience before the superior courts of the jurisdiction in which he practises in civil and commercial matters, and
(b) has sufficient command of the English language in order to conduct proceedings before the Court.
12.4 A refusal by the Registrar to register an applicant may be reviewed by the Chief Justice.
13. This Order shall come into force with effect from 26th September 2005.
Mohammed bin Rashid Al Maktoum
President of the Dubai International Financial Centre.
This schedule lists the forms to be used in proceedings before the Court.
||Claim Form (Part 7)
||Notes for Defendant
||Acknowledgement of service
||Claim Form (Part 8)
||Notes for Defendant
||Acknowledgement of service (Part 8)
||Claim Form (Part 20)
||Notes for Part 20 Defendant
||Acknowledgement of service (Part 20)