Jurisdiction conflict between two courts settled

dubai — A Judicial Tribunal in Dubai has ruled that a case between two firms in Dubai falls under the jurisdiction of the Dubai Courts and not the DIFC court.

Earlier, both the courts had given contradictory judgements in the case, after which it was referred to the tribunal.

The tribunal was formed by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, last year to decide on cases in which there was a conflict between two courts about jurisdiction. The seven-member tribunal was formed under the chairmanship of Dr Ali Ibrahim Al Imam, Chief Justice of the Court of Cassation.

The tribunal was assigned to determine the competent jurisdiction to consider any case or application in which a conflict arises between the Dubai Courts and the DIFC court. The decision of the judicial body is deemed final and may not be appealed.

In its first decision, the tribunal recently ordered the DIFC Court to cease entertaining a case between Oger Dubai LLC and Daman Real Estate Capital Partners Limited.

The decision came after Daman Real Estate Capital Partners Limited moved the Judicial Tribunal to decide which of the two courts was competent to determine the conflict in an awarding of more than Dh967 million, delivered by the Dubai International Arbitration Centre (DIAC).

Ahmed Kashwani, managing director of Kashwani Law Firm which represented one of the parties in the case, said the joint tribunal’s judgement was a landmark achievement for Dubai’s justice system. “We are witnessing a revolutionary development in the legal and judicial sector in the UAE in general and in Dubai in particular.”

amira@khaleejtimes.com