His Highness Sheikh Mohammed bin Rashid Al Maktoum, the Ruler of Dubai, has issued Decree No. (29) of 2024 regarding the establishment of an independent judicial body called the “Judicial Committee for Resolving Jurisdictional Conflicts between the DIFC Courts and the Judicial Authorities in Dubai Emirate.” This committee is composed of seven judges, Headed by the Chief of the Court of cassation.
The purpose of establishing the judicial committee is to resolve jurisdictional conflicts that may arise between any judicial authority in Dubai Emirate, such as Dubai Courts, Rental Disputes Settlement Centre, and the judicial committees formed by decree or decision of the Ruler or the Chief of council Justice in Dubai Emirate, and other judicial authorities in the Emirate from one part, and the DIFC Courts from other part.
The judicial committee is responsible for determining the competent judicial authority to hear any lawsuit or claim that involves a jurisdictional conflict between the DIFC Courts and any other judicial authority in Dubai Emirate, in addition to determining the enforceable judgment in case of issuance of conflicted judgment by the DIFC Courts and other judicial authorities in Dubai Emirate in lawsuits involving the same parties and subject matter of the dispute. The committee may also be assigned other tasks or powers by the Ruler or the Chief Justice in the Dubai Emirate.
The committee conducts its duties upon request from any of the litigants in cases where there is a jurisdictional conflict between DIFC Courts and any other judicial authority in Dubai Emirate, unless one of them has waived jurisdiction over the lawsuit or claim, or if all of them have waived jurisdiction or in case of issuance of conflicted judgments. In such cases, the task of the judicial committee is to determine the competent judicial authority to hear the lawsuit or claim and the enforceable judgment.
The decisions issued by the judicial committee, the decisions of the judicial committee regarding the determination of the competent judicial authority, or the enforceable judgment are final and not subject to appeal through any means of challenge.
The legal rules established by the judicial committee, the legal rules issued by the judicial committee in its decisions in accordance with the provisions of this decree are considered judicial principles , and shall be binding to all levels of the judicial authorities, including DIFC Courts.
Violation of any subsequent judicial judgment of these rules is a ground for challenge through the legally prescribed means of challenge.
The decree is effective, the Decree has been issued on April 3, 2024, and its provisions will be enforced from the date of publication in the official gazette of the Dubai government on April 17, 2024.
Reda Hegazy is a Partner at Alsuwaidi & Company. He is listed Legal Consultant in the Government of Dubai Legal Affairs Department, a Member of the DIAC 40, Young Practitioners Group in Dubai International Arbitration Centre (DIAC), a certified arbitrator and member of the International Commercial Arbitration Centre (ICAA) in Sharjah (Tahkeem).
To speak to Reda directly, contact him at [email protected]
