Hardback
DIFC Courts Practice
Second Edition
2nd edition
9781803925448 Edward Elgar Publishing
DIFC Courts Practice is endorsed by the DIFC Courts as the official companion to its Rules and is published in association with the DIFC Courts. Written by a team of leading practitioners in the field, this thoroughly revised second edition includes detailed commentary and incisive narrative discussion. Part A focuses on the substantive law of the DIFC, including the jurisdiction of its Courts, while Part B comprises the full text of the rules alongside expert commentary on their application and interpretation, with comprehensive analysis of all relevant case law.
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Critical Acclaim
Contents
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The DIFC Courts Practice is endorsed by the DIFC Courts as the official companion to its rules. Written by a team of leading practitioners in the field, this thoroughly revised second edition includes both incisive narrative discussion of DIFC law and detailed commentary on the Rules of the DIFC Courts. Part A focuses on the substantive law of the DIFC, including on the jurisdiction of its Courts, while Part B provides the full text of the Rules with expert commentary on their application and interpretation, including comprehensive analysis of all relevant case law.
Key Features:
• A new chapter considering sources of DIFC law and conflicts of law
• New material on both the substantive and procedural law of the DIFC
• New content exploring the relationship between DIFC Courts and other UAE Courts
• Updated chapters which incorporate in-depth analysis of all the leading cases from the last four years
• Authoritative and thoroughly updated commentary on DIFC Courts
Rules which includes the identification and discussion of recent judicial decisions on the application of those Rules
DIFC Courts Practice continues to be an indispensable resource for all those involved in litigation in the DIFC Courts used by both judges and legal practitioners. It is regularly cited in judgments. It is also a valuable resource for those involved in arbitration and in the enforcement in the DIFC and onshore Dubai of judgments and arbitral awards from other jurisdictions.
Key Features:
• A new chapter considering sources of DIFC law and conflicts of law
• New material on both the substantive and procedural law of the DIFC
• New content exploring the relationship between DIFC Courts and other UAE Courts
• Updated chapters which incorporate in-depth analysis of all the leading cases from the last four years
• Authoritative and thoroughly updated commentary on DIFC Courts
Rules which includes the identification and discussion of recent judicial decisions on the application of those Rules
DIFC Courts Practice continues to be an indispensable resource for all those involved in litigation in the DIFC Courts used by both judges and legal practitioners. It is regularly cited in judgments. It is also a valuable resource for those involved in arbitration and in the enforcement in the DIFC and onshore Dubai of judgments and arbitral awards from other jurisdictions.
Critical Acclaim
‘...tells the practitioner essentially all he needs to know about how to grapple with the DIFC Courts’ system and procedures. I cannot speak too highly of this work and am happy to endorse it and recommend [it] as a paradigm example of what a Commercial Court Rule book should be.’
– From the Foreword by Sir Jeremy Cooke, Justice of the DIFC Courts, International Justice of the Singapore International Commercial Court, former Judge in charge of the Commercial Court of England & Wales in London and International Arbitrator
Acclaim for the first edition:
‘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
– From the Foreword by Sir Jeremy Cooke, Justice of the DIFC Courts, International Justice of the Singapore International Commercial Court, former Judge in charge of the Commercial Court of England & Wales in London and International Arbitrator
Acclaim for the first edition:
‘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
Contents
Contents
Foreword by Justice Sir Richard Field viii
Foreword by Chief Justice Zaki Azmi x
Foreword by Sir Jeremy Cooke xii
Preface xiii
PART A DEVELOPMENTS IN DIFC LAW
1. DIFC LAW AND CONFLICTS OF LAW 2
Matthew Watson, 3 Verulam Buildings
2. Jurisdiction 29
James Weale, Serle Court
3. DIFC Courts and other courts of the UAE 66
Timothy Killen, 2 Temple Gardens
4. Arbitration 85
Gregor Hogan, Serle Court
5. Substantive Law 130
John Eldridge, Serle Court, James Bickford-Smith, Littleton Chambers and Matthew Watson,
3 Verulam Buildings
6. Procedure 185
David Holloway, Al Tamimi, Tom Stewart Coats, XXIV Old Buildings and and Harris Bor, 20
Essex Street
PART B RULES AND COMMENTARY
Part 1 Citation, commencement, application and the overriding objective 223
Part 2 Interpretation 228
Part 3 Organisation of the Court 236
Part 4 The Court’s case management powers 246
Part 5 Forms 286
Part 6 Court documents 287
Part 7 How to start proceedings—the claim form 296
Part 8 Alternative procedure for claims 304
Part 9 Service 314
Part 10 Responding to particulars of claim—general 339
Part 11 Acknowledgment of service 340
Part 12 Disputing the Court’s jurisdiction 344
Part 13 Default judgment 351
Part 14 Setting aside or varying default judgment 359
Part 15 Admissions 366
Part 16 Defence and reply 377
Part 17 Statements of case 382
Part 18 Amendments to statements of case 402
Part 19 Further information 414
Part 20 Addition and substitution of parties 422
Part 21 Counterclaims and other additional claims 439
Part 22 Statements of truth 449
Part 23 General rules about applications for Court orders 455
Part 24 Immediate judgment 483
Part 25 Interim remedies and security for costs 511
Part 26 Case management 581
Part 27 Alternative dispute resolution 602
Part 28 Production of documents 605
Part 29 Evidence 635
Part 30 Witnesses, depositions and evidence for other Courts 665
Part 31 Experts and assessors 679
Part 32 Offers to settle 718
Part 33 Payments into Court 728
Part 34 Discontinuance 731
Part 35 Miscellaneous provisions relating to hearings 736
Part 36 Judgments and orders 758
Part 37 Change of legal representative 777
Part 38 General rules about costs 782
Part 39 Fixed costs 834
Part 40 Procedure for detailed assessment 839
Part 41 Court rules 849
Part 42 Judicial review 854
Part 43 Arbitration claims 866
Part 44 (Amended) Appeals 886
Part 45 General rules about enforcement of judgments and orders 951
Part 46 Charging orders, stop orders and stop notices 959
Part 47 Attachment of future assets and earnings 974
Part 48 Execution against assets 991
Part 49 Court’s power to appoint receiver 1003
Part 50 Orders to obtain information from judgment debtors 1012
Part 51 Interpleader 1018
Part 52 Contempt of Court 1024
Part 53 Small Claims Tribunal 1038
Part 54 Insolvency proceedings 1068
Part 55 Rules of the DIFC Courts relating to probate claims and claims relating to the
administration of estates 1110
Part 56 Technology and construction division 1122
Part 57 Non-Muslim Wills Registry 1131
Part 58 Digital Economy Court 1133
Index 1144
Foreword by Justice Sir Richard Field viii
Foreword by Chief Justice Zaki Azmi x
Foreword by Sir Jeremy Cooke xii
Preface xiii
PART A DEVELOPMENTS IN DIFC LAW
1. DIFC LAW AND CONFLICTS OF LAW 2
Matthew Watson, 3 Verulam Buildings
2. Jurisdiction 29
James Weale, Serle Court
3. DIFC Courts and other courts of the UAE 66
Timothy Killen, 2 Temple Gardens
4. Arbitration 85
Gregor Hogan, Serle Court
5. Substantive Law 130
John Eldridge, Serle Court, James Bickford-Smith, Littleton Chambers and Matthew Watson,
3 Verulam Buildings
6. Procedure 185
David Holloway, Al Tamimi, Tom Stewart Coats, XXIV Old Buildings and and Harris Bor, 20
Essex Street
PART B RULES AND COMMENTARY
Part 1 Citation, commencement, application and the overriding objective 223
Part 2 Interpretation 228
Part 3 Organisation of the Court 236
Part 4 The Court’s case management powers 246
Part 5 Forms 286
Part 6 Court documents 287
Part 7 How to start proceedings—the claim form 296
Part 8 Alternative procedure for claims 304
Part 9 Service 314
Part 10 Responding to particulars of claim—general 339
Part 11 Acknowledgment of service 340
Part 12 Disputing the Court’s jurisdiction 344
Part 13 Default judgment 351
Part 14 Setting aside or varying default judgment 359
Part 15 Admissions 366
Part 16 Defence and reply 377
Part 17 Statements of case 382
Part 18 Amendments to statements of case 402
Part 19 Further information 414
Part 20 Addition and substitution of parties 422
Part 21 Counterclaims and other additional claims 439
Part 22 Statements of truth 449
Part 23 General rules about applications for Court orders 455
Part 24 Immediate judgment 483
Part 25 Interim remedies and security for costs 511
Part 26 Case management 581
Part 27 Alternative dispute resolution 602
Part 28 Production of documents 605
Part 29 Evidence 635
Part 30 Witnesses, depositions and evidence for other Courts 665
Part 31 Experts and assessors 679
Part 32 Offers to settle 718
Part 33 Payments into Court 728
Part 34 Discontinuance 731
Part 35 Miscellaneous provisions relating to hearings 736
Part 36 Judgments and orders 758
Part 37 Change of legal representative 777
Part 38 General rules about costs 782
Part 39 Fixed costs 834
Part 40 Procedure for detailed assessment 839
Part 41 Court rules 849
Part 42 Judicial review 854
Part 43 Arbitration claims 866
Part 44 (Amended) Appeals 886
Part 45 General rules about enforcement of judgments and orders 951
Part 46 Charging orders, stop orders and stop notices 959
Part 47 Attachment of future assets and earnings 974
Part 48 Execution against assets 991
Part 49 Court’s power to appoint receiver 1003
Part 50 Orders to obtain information from judgment debtors 1012
Part 51 Interpleader 1018
Part 52 Contempt of Court 1024
Part 53 Small Claims Tribunal 1038
Part 54 Insolvency proceedings 1068
Part 55 Rules of the DIFC Courts relating to probate claims and claims relating to the
administration of estates 1110
Part 56 Technology and construction division 1122
Part 57 Non-Muslim Wills Registry 1131
Part 58 Digital Economy Court 1133
Index 1144
