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Order No.2 of 2007 The DIFC Courts Small Claims Tribunal

Order No.2 of 2007 The DIFC Courts Small Claims Tribunal

October 30, 2007

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DIFC Courts Order No.2 of 2007

In respect of

The DIFC Courts Small Claims Tribunal

I, Sir Anthony Evans, Chief Justice of the Dubai International Financial Centre Courts,

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; and
DIFC Law No. 10 of 2004 (the DIFC Court Law).

 

And Whereas—

(A) The DIFC Court Law (DIFC Law No. 10 of 2004) authorises the Chief Justice of the DIFC Courts—

(i) where he considers it appropriate, to set up and administer Tribunals of the DIFC Courts, and to authorise rules for their administration, which shall be set out in the Rules of Court (Article 14(2); and
(ii) to appoint judicial officers as members of Tribunals of the DIFC Courts (Article 74(1)).

 

(B) Rules of Court (Rules of the Dubai Court (“the RDC”)) have been recommended for enactment by His Highness the President of the DIFC pursuant to Article 31(1) of the Court Law.

 

(C) I consider it appropriate to set up a Tribunal of the DIFC Courts to be known as the Small Claims Tribunal (“SCT”) for the prompt and cost-efficient hearing and determination of claims within the jurisdiction of the DIFC Courts (as it may be defined from time to time) where the amount of the claim of the value of the subject-matter of the claim is less than AED 100,000 (one hundred thousand UAE Dirhams).

 

(D) I further consider it appropriate that the two Senior Judicial Officers of the DIFC Courts shall be members of the DIFC Courts Small Claims Tribunal for as long as they hold that office.

 

(E) Under Article 28 of the Court Law, the DIFC Court of First Instance has jurisdiction to hear and determine an appeal from a decision of a Tribunal provided for in a DIFC Law as therein set out.

 

Now I hereby order and direct, as follows

(1) That the DIFC Courts Small Claims Tribunal is hereby set up as a Tribunal of the DIFC Courts with power to hear and determine claims within the jurisdiction of the DIFC Courts (as it may be defined from time to time) where the amount of the claim or the subject-matter of the claim is less than AED 100,000 (one hundred thousand UAE Dirhams) or such other amount as may be ordered or directed by the Chief Justice from time to time.

 

(2) That Senior Judicial Officers Omar Al Muhairi and Ali Al Madhani are appointed Members of the DIFC Courts Small Claims Tribunal for so long as they hold that office.

 

(3) That the said Tribunal shall be known as the DIFC Courts Small Claims Tribunal (“SCT”) and its said Members shall be known as SCT Judges when they are acting in that capacity.

 

(4) A separate Register of proceedings in the SCT shall be maintained under the general direction of the Registrar by the Judicial Assistant or by a Deputy Registrar, who shall be known as “the SCT Registrar”.

 

(5) I authorise such Rules for the administration of the SCT as shall be enacted and published as part of the RDC pursuant to Article 31 of the DIFC Court Law. Such Rules shall also regulate the conduct of proceedings in the SCT and the enforcement of rulings and judgments of SCT Judges.

 

(6) I note that pursuant to Article 28 of the DIFC Court Law a limited right of appeal will lie from the decisions of SCT Judges as therein set out.

 

(7) This Order shall come into effect on the date of signature and shall be known as The DIFC Small Claims Tribunal Order, Order No.2 of 2007.

 

Dated 30/10/2007

Signed
/s/ Anthony Evans
Sir Anthony Evans
Chief Justice of the DIFC Courts

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