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24 July 2010 — Dubai Courts and DIFC Courts speak of successful cooperation in enforcement of judgments

24 July 2010 — Dubai Courts and DIFC Courts speak of successful cooperation in enforcement of judgments

July 24, 2010

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Dubai, United Arab Emirates, 24th July 2010: Dubai Courts and DIFC Courts, Dubai International Financial Centre’s independent, common law judicial system today spoke of the successful cooperation that has been demonstrated through the ongoing enforcement of each others’ judgments.

Dubai Courts enforce DIFC Courts’ judgments and orders outside the DIFC, whilst DIFC Courts enforce Dubai Courts’ judgments and orders within DIFC. Both the DIFC Courts and Dubai Courts have agreed to enforce each others’ judgments and will adhere to the protocol agreed upon between the Courts in 2009. If a person or company does not honour a judgment of either Court it becomes necessary for the Courts to enforce the judgment, whether by seizing property and money or, ultimately, by imprisonment. Enforcement judges from both courts apply the rules of the respective Courts but the enforcement judges have no jurisdiction to review the merits of a judgment, award or order of the other court.

Since 2008 the DIFC Courts and Dubai Courts have seen more than 40 of each other’s decisions successfully enforced, in relation to various disputes such as breach of contract, labour and investment.

Michael Hwang, Chief Justice of the DIFC Courts said, “We are pleased at the proven track record that has been created in relation to enforcement cooperation between DIFC Courts and Dubai Courts. The DIFC Courts and Dubai Courts are both dedicated to providing world class justice and are both committed to ensuring that judgments are enforced. The final judgment is not the end of the process for either court in our mission to provide swift and efficient justice; if that judgment is not honoured we will collaborate to enforce it and to deliver justice. We are fully focused on maintaining the success that has been achieved to date in cooperation with other courts in the UAE and indeed across the GCC.”

Dr Ahmad Bin Hazeem, Director General of Dubai Courts said, “The Dubai Courts and DIFC Courts continue to work closely together in all areas of justice, including enforcing judgments. Our dual success in reciprocating enforcement is a landmark in our partnership and this will continue.”

Graham Lovett, Managing Partner of Clifford Chance in the Middle East said, “The issue of enforcement of DIFC Courts judgments is one of those that is most frequently raised by clients. It is reassuring that the DIFC Courts and Dubai Courts have established a strong track record in enforcing judgments between them. All DIFC courts users will also welcome this renewed affirmation of commitment and collaboration that both Courts have shown. This will ultimately be beneficial for all those wishing to do business in Dubai and looking for a sound legal footing on which to do so.”

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