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Schedule to Part2

Court Rules

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PART 2 – Interpretation

Schedule

TERMS DEFINITIONS
Affidavit A written, sworn statement of evidence.
Arbitral Award An award made in Arbitration proceedings under the DIFC Arbitration Law No.8 of 2004, DIFC Dispute Resolution Scheme, foreign awards, or any awards that satisfy the requirements of the Centre’s laws.
Assessor A person appointed under Article 18 of the Court Law.
Attorney General The Attorney General of the Government of the Emirate of Dubai
Base Rate The 1 month Emirates Interbank Offer Rate (EIBOR)
Business Day A normal working day at the
DIFC Courts .
The Centre Dubai International Financial Centre.
Centre Authority Dubai International Financial Centre Authority.
Centre Bodies Has the meaning given in Dubai Law No.9 of 2004.
Centre Establishments Any entity or business duly established or carrying on activity in the Centre , including any Licensed Centre Establishment .
Chief Justice The person appointed by the Ruler as Chief Justice of the DIFC Courts .
Claim for personal injuries Proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person’s death, and ‘personal injuries’ includes any disease and any impairment of a person’s physical or mental condition.
Claimant A person who makes a claim.
Contribution A right of someone to recover from a third person all or part of the amount which he himself is liable to pay.
Counterclaim A claim brought by a defendant in response to the claimant’s claim, which is included in the same proceedings as the claimant’s claim.
Courts or Court The courts established in the DIFC, that is the Court of First Instance and/or the Court of Appeal.
Court Law or the Law The DIFC Court Law No.10 of 2004.
Court Officer A member of the Court staff.
CPR English Civil Procedure Rules as up-dated from time to time. The full text of the CPR may be found at www.dca.gov.uk/civil/procrules_fin/index.htm
Cross-examination Questioning of a witness by a party other than the party who called the witness.
Damages A sum of money awarded by the Court as compensation to the claimant .
Defence of tender before claim A defence that, before the claimant started proceedings, the defendant unconditionally offered to the claimant the amount due or, if no specified amount is claimed, an amount sufficient to satisfy the claim.
Defendant A person against whom a claim is made.
Deputy Registrar Deputy Registrar appointed under Article 16 of the Court Law .
DFSA The Dubai Financial Services Authority.
DIFC The Dubai International Financial Centre.
DIFCA Dubai International Financial Centre Authority.
DIFC Court or the Court The Court of First Instance (including any circuit or division), the Court of Appeal and Tribunals established in accordance Article 14(3) of the Court Law .
DIFC Courts Academy The department of the DIFC Courts activities which deals, inter alia, with the provision of training programmes, both in English and in Arabic, on DIFC Court Law, procedure, advocacy training and other relevant topics.
Dubai Courts The Emirate of Dubai Courts established pursuant to Dubai Law No.3 of 1992 in respect of the Formation of the Courts in Dubai.
Dubai Law No.7 Dubai Law No.7 of 2011 in respect of the Dubai International Financial Centre.
Dubai Law No.9 Dubai Law No.9 of 2004 in respect of the Dubai International Financial Centre.
The Emirate The Emirate of Dubai.
Evidence in chief The evidence given by a witness for the party who called him.
E-Filing The Electronic Filing facility available on the DIFC Courts website used for the electronic submission of documents to the Registry .
Filing In relation to a document, means delivering it, by post or otherwise, to the Registry .
The Financial Services Authority Dubai Financial Services Authority.
The Government The Government of the Emirate of Dubai.
The Governor The Governor of the Dubai International Financial Centre
The Guide The English Admiralty and Commercial Courts Guide 2006, as updated from time to time. The full text of the Guide may be found at: www.hmcourts-service.gov.uk/publications/guidance/admiralcomm/index.htm
Indemnity A right of someone to recover from a third party the whole amount which he himself is liable to pay.
Injunction A Court order prohibiting a person from doing something or requiring a person to do something.
Joint liability Parties who are jointly liable share a single liability and each party can be held liable for the whole of it.
Judge or Judges Chief Justice and any Judges appointed under Article 9 of the DIFC Courts Law 2004.
Judge of the DIFC Courts Chief Justice or any other Judge.
Judicial Authority Law The Law of the Judicial Authority at Dubai International Financial Centre, Law No.12 of 2004.
Jurat The jurat of an affidavit is a statement set out at the end of the document which authenticates the affidavit . The general form of jurat is set out in the Schedule to Part 29.
Jurisdiction Unless the context requires otherwise, means the Dubai International Financial Centre.
Alternative Dispute Resolution Collective description of methods of resolving disputes otherwise than through the normal trial process.
Limitation period The period within which a person who has a right to claim against another person must start court proceedings to establish that right. The expiry of the period may be a defence to the claim.
Legal Representative A person authorised to issue and conduct proceedings or to appear before the Court on behalf of others (as the context requires) who has been instructed to act for a party in relation to a claim.
Licensed Centre Establishments Any entity licensed, registered or otherwise authorised to carry on financial and banking business including those activities and business referred to in Article 9 of Dubai Law No.9 or Dubai Law No.7 of 2011 in respect of the Dubai International Financial Centre.
Official copy A copy of an official document supplied and marked as such by the Registry .
The President The President of the DIFC .
Privilege The right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognised by law.
Recognised Company A company that satisfies the requirements listed in Article 116 of the Companies Law, DIFC Law No.2 of 2009.
Registrar Registrar appointed under Article 16 of the Court Law and includes, where the context requires, Senior Registrar(s), Deputy Registrar(s), Assistant Registrar(s), and whichever other Registrars the Chief Justice may deem appropriate to appoint in future.
Registry The Registry of the DIFC Court established in accordance with Article 17(1) of the Court Law .
Ruler H.H. Ruler of the Emirate of Dubai.
Rules or Rules of Court The Rules of the Dubai International Financial Centre Courts 2007 or any re-enactment or modification thereof.
Seal A seal is a mark which the Courts put on a document to indicate that the document has been issued by the Courts .
Service Steps required by Rules of Courts to bring documents used in court proceedings to a person’s attention.
Set aside Cancelling a judgment or order or a step taken by a party in the proceedings.
Several liability A person who is severally liable with others may remain liable for the whole claim even where judgment has been obtained against the others.
The State or UAE The United Arab Emirates.
Statement of Case (1) A claim form, particulars of claim where these are not included in a claim form, defence, additional claim notice, or reply to defence; and (2) Any formal written further information given in relation to a statement of case, whether given voluntarily or by court order.
Stay A stay imposes a halt on proceedings, apart from taking any steps allowed by the Rules or the terms of the stay. Proceedings can be continued if a stay is lifted.
Strike out Striking out means the Courts ordering written material to be deleted so that it may no longer be relied upon.
Tribunal Tribunal established by the Chief Justice of the DIFC Courts under Article 14(3) of the Court Law .
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