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DIFC Courts Order No. 1 of 2015 in Respect of Rights of Audience and Registration in Part II of the Courts’ Register of Practitioners

DIFC Courts Order No. 1 of 2015 in Respect of Rights of Audience and Registration in Part II of the Courts’ Register of Practitioners

February 9, 2015

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DIFC Courts Order No. 1 of 2015 in Respect of Rights of Audience and Registration in Part II of the Courts’ Register of Practitioners

I, Michael Hwang, Chief Justice of the DIFC Courts, make the following Order:

After having reviewed:

Dubai Law No. 9 of 2004, as amended in respect of the establishment of the DIFC;

Dubai Law No. 12 of 2004, as amended in respect of the DIFC Courts;

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

Practice Direction No. 1 of 2005 – Rules of the DIFC Court (Interim Arrangements) hereinafter “DIFC Order No. 1 of 2005”;

DIFC Courts Order No. 1 of 2012 in Respect of Rights to Conduct Proceedings and Rights of Audience before the DIFC Courts hereinafter “DIFC Order No. 1 of 2012”

Hereby pursuant to the powers vested in me by Article 8(3)(a) of Dubai Law No. 9 of 2004, as amended, issue and direct the following:

 

  1. This Order may be cited as Rights of Audience and Registration in Part II of the Courts’ Register of Practitioners, DIFC Courts Order No. 1 of 2015.

 

 

  1. DIFC Order No. 1 of 2005 with respect to Rights to Conduct Proceedings and Rights of Audience; and DIFC Order No. 1 of 2012 in respect of Rights to Conduct Proceedings and Rights of Audience before the DIFC Courts are hereby repealed and superseded with the exceptions of paragraph 12.3 of DIFC Order No. 1 of 2005 and paragraphs 3 to 6 of DIFC Order No. 1 of 2012, which continue to remain in effect.

 

 

  1. As regards individuals applying for registration in Part II of the DIFC Courts Register of Practitioners (“Register”), which governs individuals with rights of audience before the Courts – the procedure will be as follows:

 

 

(a)  Registration in Part II of the Register will be provisional[1] until the individual concerned appears before a judge.

 

(b)the Registrar, Deputy Registrar or Assistant Registrar shall attend the first hearing[2] and either: (i) confirm the applicant’s registration as permanent; or (ii) refuse the registration.

 

(c)  should the Registrar, Deputy Registrar or Assistant Registrar be minded to refuse registration, they must provide reasons for the refusal in writing.

 

(d)in the event of refusal of registration following the first hearing, the individual concerned may lodge a written and reasoned appeal with the Chief Justice if they are not satisfied with the decision of the Registrar, Deputy Registrar or Assistant Registrar.

 

(e)  where an appeal has been lodged with the Chief Justice in accordance with sub-paragraph 3 (d) above, the Chief Justice may take any further steps which he deems appropriate in the circumstances, including: (i) extending the concerned individual’s provisional registration for such period as seems fit; (ii) maintaining the decision of the Registrar, Deputy Registrar or Assistant Registrar which formed the basis of the appeal, and (iii) allowing the appeal and confirming the applicant’s registration as permanent. The Chief Justice may decide such appeals on the papers and no evidence will be permitted for the purposes of the appeal other than the transcript of the first hearing[3]. The Chief Justice’s decision shall be final, from which there shall be no further avenue of appeal.

 

 

  1. An individual applying for registration in Part II of the Register should give the Registry not less than 7 days’ notice of their intention to appear before a judge, so that the necessary arrangements can be made to ensure the presence of the Registrar, Deputy Registrar or Assistant Registrar. If it is not possible to give sufficient notice, or if no Registrar[4] is available to attend the first hearing, the individual will need to seek permission of the hearing judge to proceed with the hearing in the absence of the Registrar, Deputy Registrar or Assistant Registrar, and the individual’s registration in the Register shall remain provisional until the next hearing, at which the Registrar, Deputy Registrar or Assistant Registrar shall attend and either: (i) confirm the applicant’s registration as permanent; or (ii) refuse the registration.

 

 

 

Michael Hwang Chief Justice of the DIFC Courts

Re-Issued: 26 February 2015

 

[1] “Provisional” in this context shall be taken to mean that Part II registration will only take full effect following confirmation in accordance with paragraph 3(b) (i) of this Order.

[2]If all Registrars are unavailable, see paragraph 4 below for the procedure to be followed.

[3] The first hearing attended by the Registrar, Deputy Registrar or Assistant Registrar.

[4] In circumstances where the Registrar, Deputy Registrar and Assistant Registrar are all unable, for whatever reasons, to be present at the Part II applicant’s first appearance before a DIFC Court judge.