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Memorandum of Understanding Between Ministry of Justice And DIFC Courts

Memorandum of Understanding Between Ministry of Justice And DIFC Courts

August 26, 2010

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Proposes and Principles

A.The Ministry of Justice and DIFC Courts share many strategic objectives, including strengthening the community’s confidence in the judicial system; clarifying and developing judicial legislation within their respective jurisdictions; providing accessible and superlative service to litigants and court users, strengthening judicial cooperation at local, federal, regional and international levels; promoting the use of modern technology to improve efficiency and service; to concerned parties creating performance standards for judicial work; and attracting and developing talented staff.The Ministry of Justice and DIFC Courts wish to enter into this MOU to provide a formal basis for co-operation, including the exchange of information and ideas

B. The Purpose of this MOU is to exchange ideas about Legal Matter and is not Intended to modify or supersede any laws or regulatory requirements in force in the United Arab Emirates, Dubai or the DIFC.

C. The parties desire and believe that the cooperation facilitated by this MOU will further enhance their mutual goals, vision and mission as well as achieving the followings;

  1. promote a mutual understanding of each other’s founding laws, procedures, rules, policies and ambitions;

2.enable them to more effectively discharge their responsibilities to provide efficient and independent judicial systems based on excellence that provides a world class judicial service;

3. encourage frank and open discussion and exchange of views on the legal and judicial system, regulation of lawyers, ways of enhancing the development of judicial talent and other shared strategic objectives; ).

4. develop closer ties between the parties including cross training;

5. encourage closer collaboration regarding Judicial and legal questions and execution of judgements; )

6. facilitate swiftly the exchange of information about the use of information technology to improve the efficiency of the operation of the judicial systems (eg electronic case management) and enhance access to information in the Courtroom, both for the judges and the litigants (eg electronic court recording);

7. facilitate discussion about judicial Issues and international best practices; and how to benefit from such practices

8. facilitate discussion about the use of awareness and education initiatives to improve public perception of the justice systems, and increase transparency and trust throughout the UAE, the GCC and the rest of the world;

9. identify areas of collaboration for judicial training, both in the UAE and internationally, including the use of study trips and professional training; )

10. allow for the sharing of experiences with regard to the establishment and operation of small claims in a cost effective and efficient manner;

11. collaborate in the development of each party’s KPIs and identify areas of overlap which can be mutually achieved;

K. Establishing joint committees between the Ministry of Justice and the DIFC Courts to provide recommendations on draft federal and local legislations and develop the mechanism that would allow the delivery of documents between the courts in the country and the DIFC Courts in addition to any roles entrusted to the joint committee by the parties.

F. The Parties agree to keep the operation of this MOU under review and to consult when necessary to improve its operation and resolve any related matters that may arise in its implementation .

COMMENCEMENT and TERMINATION

G. This MOU takes effect from the date it is signed by both parties and will continue to have effect until terminated by either of them giving at least 30 days advance written notice to the other.

H. Neither party will make any public disclosure or issue any press releases pertaining to the existence of this MOU or to the proposed collaboration without the written consent of the other party, such consent shall include the content of any such release.

I. Termination of this MOU does not affect obligations arised under this MOU prior to such termination and does not include confidentiality of information.

Effective on:  / / 2010

 

In the presence H.E. Dr. Hadef Jawa’an Al Dhaheri UAE Minister of Justice & H.E. Ahmed Al Tayer Governor of the DIFC

___________________________

H.E. Mohamed Bin Hamad Al Badi General Manager, Ministry of Justice

___________________________

Sir Anthony Evans Chief Justice of the DIFC Courts

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