Background

The Judicial Tribunal (JT) was established in 2016, tasked to resolve conflicts of jurisdiction between the DIFC Courts (English speaking common law courts) and the Dubai Courts (Arabic speaking onshore civil law courts). These conflicts were rising between both courts, especially when litigants would object to the jurisdiction of either court, and hence proceed to commence court proceedings before the other court. This is where the JT would examine the claims and determine the conflict of jurisdiction between the two courts.

What has changed?

In practice, the JT was not completely abolished rather modified with few enhancements summarized below:

• Name change. The new name is now "The Judicial Authority for Resolving Conflicts of Jurisdiction between DIFC Courts and Judicial Entities in the Emirate of Dubai". This change implies an extension of scope. The term "judicial entities" now includes all other judicial bodies operating in the Emirate (Dubai Courts, Rental Dispute Center, and special Judicial Committees that are sometimes established by the Ruler).

• Stay of proceedings. Previously, when a claim was submitted to the JT, the proceedings in both courts (DIFC and Dubai Courts) would continue. Pursuant to the new Decree, the proceedings in both courts will be stayed (suspended) until the JA issues its decision/ruling on the conflict of jurisdiction. The stay also applies to execution procedures if already commenced.

• Establishing Precedents. Pursuant to the provisions of the new Decree, the legal rules decided by the JA shall be deemed as judicial principles. This implies that all judicial bodies in the Emirate must abide by these principles. If any court breaches these principles, such breach will constitute grounds for appeal before the JA.