Dubai has ratified new legislation to address jurisdictional disputes between various judicial bodies within the emirate. Under the auspices of Sheikh Mohammed bin Rashid Al Maktoum, the Ruler of Dubai and Vice President and Prime Minister of the UAE, Decree No. 29 of 2024 has been enacted, focusing on the "Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in the Emirate of Dubai.".
This decree extends its reach across the Dubai judicial spectrum, encompassing entities such as the Court of Cassation, the Court of Appeal, the Court of First Instance, and any future courts instituted as part of the Judicial Authority. Importantly, it also applies to the DIFC courts.
The main elements of the decree involve changing the name of the Judicial Tribunal for Dubai Courts and DIFC Courts to the "Judicial Authority for Resolving Jurisdictional Conflicts between DIFC Courts and Judicial Authorities in Dubai" in all relevant laws and regulations in Dubai.
The newly formed authority will be helmed by the President of the Court of Cassation at Dubai Courts, with the Deputy Chief Justice of DIFC Courts acting as the Deputy Chairman. Its members comprise the Secretary General of the Dubai Judicial Council, the Presidents of the Court of Appeal and the Court of First Instance at Dubai Courts, and two judges from DIFC Courts, nominated by the Chief Justice.
Empowered by the decree, the Authority is mandated with adjudicating competent courts for disputes, delineating enforceable judgments during conflicts, and executing tasks assigned by the Ruler of Dubai or the Chairman of the Dubai Judicial Council. Decisions rendered by the authority are deemed final and not subject to appeal.
Moreover, the legal principles established by the Judicial Authority, pursuant to this decree, hold binding status in all courts, including the DIFC Courts. Any contradictory subsequent rulings can be appealed through established legal channels.
Decree No. (29) of 2024 supersedes prior legislation, particularly Decree No. (19) of 2016 concerning the Judicial Tribunal for the Dubai Courts and DIFC Courts. Its implementation will be overseen by the Chairman of the Dubai Judicial Council, ensuring alignment with legal frameworks. The decree will be officially published and effective the day after its publication in the Official Gazette.
