DIFC Courts Focus On Small Business Justice

by Lorys Charalambous, Tax-News.com, Cyprus

10 June 2011

The DIFC Courts, the Dubai International Financial Centre’s independent common law judicial system, and the UAE Ministry of Justice held an inaugural joint committee meeting last week following the signing of a Memorandum of Understanding (MoU) in 2010, discussing ways to more deeply cooperate on legal affairs.

The MoU, signed in 2010, aims to promote joint coordination and knowledge sharing, and will enable joint dialogue towards developing the UAE judicial system for the benefit of DIFC court users.

During the session, Court officials discussed the DIFC bodies’ mandate and functions, including the DIFC Courts’ legal and legislative framework. In addition, an overview of the DIFC Courts’ Registry practice was discussed along with practices such as registration of practitioners and electronic case management.

Prior to the signing of the MoU, the DIFC Courts had successfully implemented initiatives such as the Small Claims Tribunal (SCT), an electronic case management system, a Pro Bono programmme and a Lawyer’s Code of Conduct, as well as various training and educational programmes.

The SCT, for example, is the only operating tribunal of its kind in the region, and it plays an important role in promoting a SME-friendly culture. The SCT offers fast and efficient dispute resolution services without the need to appoint lawyers. It has proven particularly efficient in resolving employment and debt-related disputes, with over 90% of the approximately 150 cases heard so far having been resolved within three weeks. The SCT hears cases with a value of up to AED100,000 (USD27,225), or where the parties agree in writing the SCT can hear employment cases of any amount and other disputes up to AED500,000.

Hadif bin Jouan Al Dhahiri, Minister of Justice, said: “Ministry of Justice officials are very pleased to have met with the officials of the DIFC Courts, as we continue to support the initiatives outlined in the MoU signed last year. Fortunately, there is a significant level of expertise on both sides and everyone has benefitted from sharing judicial insight, ideas and experience. Such exchanges can be useful, if and when required, to implement new programmes.”

Chief Justice Michael Hwang, DIFC Courts said: “The first joint committee meeting with the Ministry of Justice to further the MoU is a testament to the commitment to ongoing cooperation between our two judicial institutions. We are delighted to share and exchange best practices with our colleagues in the UAE judicial system for the benefit of UAE courts’ users.”

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