The DIFC Courts have jurisdiction over most civil and commercial matters occurring within the DIFC (alongside their international jurisdiction). This means that, where DIFC Courts have jurisdiction, such jurisdiction will exclude the jurisdiction of the
Dubai Courts. Parties are free to agree to submit to the jurisdiction of any other court under Article 5(2) of Dubai Law No. (12) of 2004 (except for objections filed against decisions made by the Centre's Bodies, which are subject to objection in accordance with the Centre's Laws and Regulations). The DIFC Courts have no jurisdiction over criminal matters and all criminal matters continue to be referred to the Dubai Public Prosecution and heard at the
Dubai Courts. The DIFC Courts also have no jurisdiction over family and matrimonial matters.
Legislation and rules The DIFC laws and regulations are developed by the DIFC Authority (DIFCA) and the Dubai Financial Services Authority (DFSA). The DIFCA is responsible for the laws and regulations that regulate the non-financial activities within the DIFC, including employment law, companies and
commercial law and real estate law. The DFSA is responsible for the laws and regulations relating to the all financial and ancillary services within the DIFC. The DIFC Courts apply the DIFC's laws and regulations, unless the parties explicitly agree that another law governs their dispute.
Judgments, orders and enforcement The DIFC Courts have the power to make orders and give directions as to the conduct of any proceeding before the DIFC Courts that it considers appropriate, including:- • Orders prescribed by any legislation under DIFC law; • Injunctions, including requiring an act to be done; • Interim or interlocutory Orders; • Orders made without notice to any other party and the circumstances in which such Orders are appropriate; • Contempt Orders; • Orders made in the interest of justice or • Referral of matters to the Attorney General of Dubai The DIFC Courts have the power to enforce Judgments, Orders or Awards made or ratified by the DIFC Courts within the DIFC. The Chief Justice shall appoint a Judge of the First Instance Court as an Executive Judge with the jurisdiction to issue Execution Orders within the DIFC.
Court of First Instance Hears cases where the amount in dispute exceeds Dhs 100, 000. A single Judge hears the proceedings. The Court of First Instance has exclusive jurisdiction over any civil or commercial case when it relates to the DIFC, and following the amendment to the governing law in October 2011, DIFC Courts can also hear cases when the contract in question specifies DIFC Courts' jurisdiction (pre-dispute jurisdiction) or when both parties elect to use DIFC Courts to resolve a dispute which has already arisen (post-dispute jurisdiction). This is commonly referred to as 'opt-in' jurisdiction.
Court of Appeal Deals with a variety of civil and commercial disputes. It comprises at least three judges, with the Chief Justice. The Court of Appeal A has exclusive jurisdiction over: • Appeals filed against judgments and awards made by the Court of First Instance. • Interpretation of any article of the DIFC's laws based upon the request of any of the DIFC's establishments, provided that the establishment obtains leave of the Chief Justice in this regard. Such interpretation shall have the power of law. • The Court of Appeal is the highest court in the DIFC Courts and no appeal shall arise from a decision of this court.
Small Claims Tribunal The only operating tribunal of its kind in the region, the Small Claims Tribunal was set up to enable access to justice in a swift and efficient manner. It can hear: Any case that is related to the DIFC, where the amount of the claim or the value of the subject matter of the claim does not exceed AED100,000 or AED200,000 for employment matters; or • A case in which the claim pertains to an employment issue of any amount and both parties to the claim elect in writing that it be heard by the Small Claims Tribunal; or • Non-employment related cases where the amount of the claim or the value of the subject-matter of the claim does not exceed AED500,000; and all parties to the claim elect in writing that it be heard by the Small Claims Tribunal. • Any case that is not related to the DIFC, where both parties consent to using the Small Claims Tribunal and either i) where the amount of the claim or the value of the subject matter of the claim does not exceed AED 500,000 or ii) where the claim is related to an employment issue of any claim amount. ==Pro bono==