No decision on arbitration cases
While it is settled that litigation cases arising from Dubai World debt restructuring would be handled by the DIFC Courts, it is still not yet determined which court will handle arbitration matters. There are two arbitration bodies in Dubai – Dubai International Arbitration Centre (DIAC) and the DIFC LCIA Arbitration Centre. DIFC Courts do not handle arbitration cases.
Asked whether an arbitrator (as per the contract) would relinquish powers in favour of DIFC Courts, Sir Anthony Evans, Chief Justice, DIFC Courts, said: "A lot of people are asking this question. We don't hear arbitration. We are a court not an arbitration (body)." He said no cases have been put up but the matter was under discussion.
Dr Ahmed Bin Hazeem, Director General, Dubai Courts, said: "I don't know." But he disclosed the Dubai World restructuring matter was under DIFC jurisdiction. "With regard to enforcement, we'll wait until they issue a judgment."
"DIFC Court judgments can be imposed through the machinery of Dubai Courts and similarly Dubai Courts judgments can be imposed through the machinery of the DIFC Courts," he said.
Hazeem said some people's prception of Dubai's judicial bodies being in competition was "very naïve and totally wrong."
Keep up with the latest business news from the region with the Emirates Business 24|7 daily newsletter. To subscribe to the newsletter, please click here.
Follow Emirates 24|7 on Google News.