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DIFC Courts Practice
The DIFC Courts Practice is the definitive guide to the practice and procedure of the Courts of the Dubai International Financial Centre (DIFC), which is now firmly established as a leading international commercial court.
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Critical Acclaim
Contributors
Contents
More Information
The DIFC Courts Practice is the definitive guide to the practice and procedure of the Courts of the Dubai International Financial Centre (DIFC), which is now firmly established as a leading international commercial court.
This major new work is endorsed by the DIFC Courts as the official companion to the rules of the DIFC. Written by a team of leading practitioners in the field, it includes the rules of the Court themselves as well as detailed commentary and incisive narrative discussion.
Part A contains an introduction to the Court and its jurisdiction, together with a survey of recent developments of DIFC law covering jurisdiction, conduit enforcement, the Joint Judicial Committee, arbitration, contract law and other areas of substantive law, procedure, appeals and conversion of judgments.
Part B comprises the full text of the rules along with expert commentary on their application and interpretation, with comprehensive analysis of all relevant case law.
This indispensable book will be an essential resource for all those involved in litigation in the DIFC Courts, arbitration seated in the DIFC and the enforcement in the DIFC and onshore Dubai of judgments and arbitral awards from other jurisdictions.
This major new work is endorsed by the DIFC Courts as the official companion to the rules of the DIFC. Written by a team of leading practitioners in the field, it includes the rules of the Court themselves as well as detailed commentary and incisive narrative discussion.
Part A contains an introduction to the Court and its jurisdiction, together with a survey of recent developments of DIFC law covering jurisdiction, conduit enforcement, the Joint Judicial Committee, arbitration, contract law and other areas of substantive law, procedure, appeals and conversion of judgments.
Part B comprises the full text of the rules along with expert commentary on their application and interpretation, with comprehensive analysis of all relevant case law.
This indispensable book will be an essential resource for all those involved in litigation in the DIFC Courts, arbitration seated in the DIFC and the enforcement in the DIFC and onshore Dubai of judgments and arbitral awards from other jurisdictions.
Critical Acclaim
‘DIFC Courts Practice is the first English-language commentary on the Dubai International Financial Centre (DIFC) Courts Rules (RDC). I would not hesitate to recommend this work to anyone involved in court proceedings in the DIFC and who requires guidance on the proper interpretation and application of the RDC, including – without limitation – in arbitration-relevant matters.’
– Gordon Blanke, Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
– Gordon Blanke, Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
Contributors
Contributors: H. Bor, G. Hogan, D. McCourt Fritz, J. McDonagh, T. Montagu-Smith, R. Reed, M. Watson, J. Weale
Contents
Contents:
Foreword by Justice Sir Richard Field viii
Foreword by Chief Justice Tun Zaki Bin Azmi x
Preface xii
PART A DEVELOPMENTS IN DIFC LAW
1. Jurisdiction 2
James Weale, Serle Court
2. Conduit enforcement 30
Harris Bor, Twenty Essex
3. The Joint Judicial Committee 34
Harris Bor, Twenty Essex
4. Arbitration 48
Gregor Hogan, Serle Court
5. Substantive law 85
Matthew Watson, XXIV Old Buildings and Jonathan McDonagh, Serle Court
6. Procedure 125
Dan McCourt Fritz, Serle Court
7. Appeals 148
Harris Bor, Twenty Essex
8. Conversion of judgments into awards 165
Harris Bor, Twenty Essex
PART B RULES AND COMMENTARY
Part 1 Citation, commencement, application and the overriding objective 168
Part 2 Interpretation 171
Part 3 Organisation of the Court 178
Part 4 The Court’s case management powers 185
Part 5 Forms 202
Part 6 Court documents 203
Part 7 How to start proceedings—the claim form 209
Part 8 Alternative procedure for claims 214
Part 9 Service 219
Part 10 Responding to particulars of claim—general 235
Part 11 Acknowledgment of service 236
Part 12 Disputing the Court’s jurisdiction 239
Part 13 Default judgment 243
Part 14 Setting aside or varying default judgment 248
Part 15 Admissions 252
Part 16 Defence and reply 259
Part 17 Statements of case 263
Part 18 Amendments to statements of case 271
Part 19 Further information 274
Part 20 Addition and substitution of parties 280
Part 21 Counterclaims and other additional claims 293
Part 22 Statements of truth 301
Part 23 General rules about applications for Court orders 306
Part 24 Immediate judgment 325
Part 25 Interim remedies and security for costs 336
Part 26 Case management 374
Part 27 Alternative dispute resolution 388
Part 28 Production of documents 390
Part 29 Evidence 406
Part 30 Witnesses, depositions and evidence for other Courts 426
Part 31 Experts and assessors 436
Part 32 Offers to settle 462
Part 33 Payments into Court 469
Part 34 Discontinuance 471
Part 35 Miscellaneous provisions relating to hearings 474
Part 36 Judgments and orders 487
Part 37 Change of legal representative 500
Part 38 General rules about costs 504
Part 39 Fixed costs 532
Part 40 Procedure for detailed assessment 536
Part 41 Court rules 544
Part 42 Judicial review 548
Part 43 Arbitration claims 557
Part 44 (Amended) Appeals 570
Part 45 General rules about enforcement of judgments and orders 605
Part 46 Charging orders, stop orders and stop notices 610
Part 47 Attachment of future assets and earnings 622
Part 48 Execution against assets 635
Part 49 Court’s power to appoint receiver 644
Part 50 Orders to obtain information from judgment debtors 651
Part 51 Interpleader 656
Part 52 Contempt of Court 661
Part 53 Small Claims Tribunal 667
Part 54 Insolvency proceedings 682
Part 55 Rules of the DIFC Courts relating to probate claims and claims relating to the
administration of estates 714
Part 56 Technology and construction division 723
Part 57 Non-Muslim Wills Registry 730
Calendars 2020–2023 731
Index 735
Foreword by Justice Sir Richard Field viii
Foreword by Chief Justice Tun Zaki Bin Azmi x
Preface xii
PART A DEVELOPMENTS IN DIFC LAW
1. Jurisdiction 2
James Weale, Serle Court
2. Conduit enforcement 30
Harris Bor, Twenty Essex
3. The Joint Judicial Committee 34
Harris Bor, Twenty Essex
4. Arbitration 48
Gregor Hogan, Serle Court
5. Substantive law 85
Matthew Watson, XXIV Old Buildings and Jonathan McDonagh, Serle Court
6. Procedure 125
Dan McCourt Fritz, Serle Court
7. Appeals 148
Harris Bor, Twenty Essex
8. Conversion of judgments into awards 165
Harris Bor, Twenty Essex
PART B RULES AND COMMENTARY
Part 1 Citation, commencement, application and the overriding objective 168
Part 2 Interpretation 171
Part 3 Organisation of the Court 178
Part 4 The Court’s case management powers 185
Part 5 Forms 202
Part 6 Court documents 203
Part 7 How to start proceedings—the claim form 209
Part 8 Alternative procedure for claims 214
Part 9 Service 219
Part 10 Responding to particulars of claim—general 235
Part 11 Acknowledgment of service 236
Part 12 Disputing the Court’s jurisdiction 239
Part 13 Default judgment 243
Part 14 Setting aside or varying default judgment 248
Part 15 Admissions 252
Part 16 Defence and reply 259
Part 17 Statements of case 263
Part 18 Amendments to statements of case 271
Part 19 Further information 274
Part 20 Addition and substitution of parties 280
Part 21 Counterclaims and other additional claims 293
Part 22 Statements of truth 301
Part 23 General rules about applications for Court orders 306
Part 24 Immediate judgment 325
Part 25 Interim remedies and security for costs 336
Part 26 Case management 374
Part 27 Alternative dispute resolution 388
Part 28 Production of documents 390
Part 29 Evidence 406
Part 30 Witnesses, depositions and evidence for other Courts 426
Part 31 Experts and assessors 436
Part 32 Offers to settle 462
Part 33 Payments into Court 469
Part 34 Discontinuance 471
Part 35 Miscellaneous provisions relating to hearings 474
Part 36 Judgments and orders 487
Part 37 Change of legal representative 500
Part 38 General rules about costs 504
Part 39 Fixed costs 532
Part 40 Procedure for detailed assessment 536
Part 41 Court rules 544
Part 42 Judicial review 548
Part 43 Arbitration claims 557
Part 44 (Amended) Appeals 570
Part 45 General rules about enforcement of judgments and orders 605
Part 46 Charging orders, stop orders and stop notices 610
Part 47 Attachment of future assets and earnings 622
Part 48 Execution against assets 635
Part 49 Court’s power to appoint receiver 644
Part 50 Orders to obtain information from judgment debtors 651
Part 51 Interpleader 656
Part 52 Contempt of Court 661
Part 53 Small Claims Tribunal 667
Part 54 Insolvency proceedings 682
Part 55 Rules of the DIFC Courts relating to probate claims and claims relating to the
administration of estates 714
Part 56 Technology and construction division 723
Part 57 Non-Muslim Wills Registry 730
Calendars 2020–2023 731
Index 735
