Two courts to co-operate over judgments

DUBAI // The Dubai International Financial Centre (DIFC) Courts and the Dubai Courts yesterday signed a co-operation agreement that would allow them to enforce each other's judgments. The terms of the new protocol require both the DIFC Courts and the Dubai Courts to assign one of their judges to enforce the judgments and arbitral awards wherever applicable. The agreement, which comes into force on May 1, helps resolve a major issue facing both of the benches as each increasingly encroaches on the jurisdiction of the other.

The co-operation agreement was signed on behalf of the DIFC Courts by the Chief Justice, Sir Anthony Evans, and on behalf of the Dubai Courts by the Director General, Dr Ahmad bin Hazeem. The text of the protocol will be available in both Arabic and English on the websites of both institutions. "The protocol of enforcement is a positive move for the judicial system in Dubai", said Justice Evans. "Both the DIFC and the Dubai Courts are pillars of the UAE legal system and both authorities welcome any move to formalise our working relationship," Justice Evans said yesterday after the signing.

"This latest collaborative step will further increase the efficiency of both justice systems for users of the DIFC and Dubai Courts," he added. In an earlier interview, Justice Evans said the DIFC Courts aim to improve co-operation with the other courts in the UAE on matters of enforcement to ensure the decisions of the DIFC Courts are enforced within the jurisdictions of other emirates. "Enforcement requires co-operation," Justice Evans said in January.

"We want to evolve as a common law court alongside the local civil courts. It would be of mutual benefit if we can make common law procedures operate in harmony with local civil law courts." The UAE's courts are based on the Franco/Egyptian legal model, but the DIFC Courts follow English common law. The DIFC Courts also do not hear criminal cases. The DIFC Courts operate out of a fixed premises with eight judges hearing civil and commercial cases.

The courts can hold urgent hearings by video link with judges if none is available in person. There are also two Emirati judges at the DIFC Courts who hear urgent cases at the Small Claims Tribunal. The remaining six judges, while not permanently based in the UAE, can fly in within 48 hours' notice. All six judges come from common law countries, three of them from the UK. The Small Claims Tribunal at the DIFC Courts hears cases concerning sums under Dh100,000 (US$27,000).

Last year the tribunal heard 56 cases, the vast majority of them involving employment disputes. The DIFC Courts also follow their own insolvency or bankruptcy law and may appoint liquidators. While the DIFC Courts do not plan any other formal agreements with other courts in the country, they have co-operated closely with all of them, especially those in Abu Dhabi. Dr bin Hazeem said that the signing of the protocol signifies a new chapter in judicial co-operation between the two courts.

"This will lead to effectively maintaining a strong judicial system in Dubai and strengthen the enforcement of judgements and orders issued by the two courts, and also the arbitration agreements ratified by these courts." [e-mail]