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Tribunal Practice Direction No. 1 of 2011 – Decisions and Orders by Fewer Than Three Tribunal Members.

Tribunal Practice Direction No. 1 of 2011 – Decisions and Orders by Fewer Than Three Tribunal Members.

April 24, 2011

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Citation

This Practice Direction will come into effect on date of issue.It may be cited as Tribunal Practice Direction No. 1 of 2011 -Decisions and Orders by Fewer Than Three Tribunal Members’. It may be abbreviated to TPD 001/2011.

Having reviewed:

Degree No. 57 of 2009 concerning the Establishment of Special Tribunal, as amended by Degree No.11 of 2010;and

The Rules of the DIFC Courts(the “Rules”)

I hereby direct as follows:

(1) A decision or order on behalf of the Tribunal may be made by two members if (a) only two members are available to hear the demand or claim and (b) they agree on the order to be made in respect thereof either (i) without the need to consult the third member or (ii) after consulting the third member but without a further hearing. If they then do not agree on the order to be made, they shall order a rehearing before three members.

(2) The following orders may be made on behalf of the Tribunal by single member: –

(a) interim and interlocutory orders,including injunctions and orders for specific performance(not being final orders); provided that in any case where he is considering granting an interim injunction or making an interim order for specific performance the single member may direct that the application be heard or re-heard before a  two- or three-member Tribunal as he thinks fit in all the circumstances of the case;

(b) case management directions and orders;

(c) and order to enforce of recognise and arbitration award;

(d)and other order of substantive relief (including final orders and injunctions and orders of specific performance) where –

(i) the matter is urgent, and

(ii) the parties so agree.

(3) Any Tribunal member or members that consider(s) a matter pursuant to paragraph(1) and/or (2) above may sit on re-hearing of that matter pursuant to paragraphs(1) and or (2) (a) above.

(4) With the written permission of the Chairman, the Registrar shall have the same powers in proceedings before the Tribunal as are granted to the Registrar of the DIFC Courts under Part 3 of the Rules.

Chairman of the Tribunal

Date issued:24 April 2011

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