We, Mohammed bin Rashid Al Maktoum, Ruler 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. And Upon the recommendation of the Chief Justice.
Hereby enact as follows:
1. This Order shall be cited as Rules
Order No.1 of 2007.
2. In this Order, unless the context otherwise requires:
a. “the Law
” means the DIFC Court Law No. 10 of 2004;
b. “the Chief Justice” means the Chief Justice of the DIFC Court;
c. “the Commencement Date” means the date on which this Order shall come into force;
d. “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;
e. “the Guide
” means the English Admiralty and Commercial Courts Guide as updated from time to time. The full text of the Guide may be found at www.hmcourtsservice.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.
The Rules of the DIFC Court
4. Upon the recommendation of the Chief Justice pursuant to Article 31 of the Law, the rules of practice and procedure to be followed and adopted in relation to any proceedings before the DIFC Court (“The Rules of the DIFC Court”) are appended to this Order.
5. The Chief Justice will by practice direction prescribe the fees to be paid in respect of proceedings before the Court. Until such time as such a practice direction is published, the fee payable on commencement of originating proceedings is US$1,000.00.
Application of the CPR and the Guide
6. Paragraphs 4 and 8 of the Rules of Court (Interim Arrangements) Order No. 1 of 2005 shall cease to have effect on the Commencement Date.
7. From the Commencement Date all proceedings must be commenced in accordance with The Rules of the DIFC Court.
8. This Order shall come into force with effect from the date of signature.
Mohammed bin Rashid Al Maktoum
President of the Dubai International Financial Centre.
Issued at / / 2007 Dubai
Corresponding to: 1428 Hijri