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DIFC Courts Order No. 2 of 2014 In respect of The DIFC Courts Small Claims — Resolution of Rental Disputes

DIFC Courts Order No. 2 of 2014 In respect of The DIFC Courts Small Claims — Resolution of Rental Disputes

May 4, 2014

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I, Michael Hwang, 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;
DIFC Law No. 10 of 2004 in respect of the DIFC Courts (“DIFC Courts Law”);
DIFC Courts Order No. 2 of 2007 establishing the Small Claims Tribunal (“SCT”);
DIFC Courts Order No. 1 of 2010 – Limits of Jurisdiction;
DIFC Courts Order No. 1 of 2014 – Members of the SCT
Practice Direction No. 2 of 2010 – SCT Judge; and
Part 53 of the Rules of the DIFC Courts

And Whereas —

(A) The DIFC Courts Law authorises the Chief Justice of the DIFC Courts, 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(3)).

 

(B) The SCT was established pursuant to DIFC Courts Order No. 2 of 2007 issued by the then Chief Justice, Sir Anthony Evans.

 

(C) The Rules of the DIFC Courts (the “RDC”) have been enacted by His Highness The Ruler of Dubai pursuant to Article 31(1) of the Court Law and contain at Part 53 the rules relating to the SCT; and

 

(D) The SCT is recognised as a mechanism for the prompt and cost-efficient hearing and determination of smaller claims within the jurisdiction of the DIFC Courts.

 

Background —

Dubai Decree No. 26 of 2013 provided for the establishment of the rent disputes settlement center in the Emirate of Dubai. The decree further provided, at article 6, for the center to handle all rental disputes arising between property landlords and tenants in the Emirate of Dubai (including inside free zones) save in respect of rental disputes arising inside free zones that have, inter alia, courts competent to settle rental disputes arising within their boundaries.

For the avoidance of doubt, and to promote awareness about the appropriate forum to submit any rental disputes relating to DIFC, the DIFC Courts confirms its competency to settle such disputes for the purposes of article 6 of Decree No. 26 of 2013.

And I Now hereby order and direct as follows —

(1) The SCT will hear and determine all rental disputes where the amount of the claim does not exceed AED 500,000. All claims exceeding that value shall be dealt with by the Court of First Instance.

 

(2) This Order shall take effect from the date of signature. Order No. 2 of 2007 shall remain in full force and effect save as amended by this Order. This Order shall be known as The DIFC Small Claims Tribunal (Resolution of Rental Disputes) Order, Order No. 2 of 2014.

 

Chief Justice Michael Hwang

Dated: 4 May 2014

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