Introducing the Conflicts of Jurisdiction Tribunal: Decree No. (29) of 2024

Dubai has recently issued Decree No. (29) of 2024 establishing the Conflicts of Jurisdiction Tribunal (CJT), a new entity designed to resolve jurisdictional conflicts between the Dubai International Financial Centre (DIFC) Courts and other judicial entities within the Emirate.

Superseding Decree No. (19) of 2016, this decree introduces crucial updates aimed at enhancing judicial clarity and consistency.

Key Provisions of the Decree

Scope and Authority of the Judicial Committee

Decree No. (29) replaces the “Joint Judicial Committee (JJC)” with the “Judicial Committee for Resolving Conflicts of Jurisdiction between the Dubai International Financial Centre Courts and Judicial Entities in the Emirate of Dubai.” The Judicial Committee is empowered to:

1. Determine the competent judicial entity over claims or applications where jurisdictional conflicts arise between the DIFC Courts and other judicial entities.
2. Resolve enforceable judgments in cases where conflicting judgments are delivered by the DIFC Courts and other judicial entities involving the same parties and subject matter.
3. Perform any other duties or powers assigned by the Ruler or the Chairman.

Procedures and Impact on Litigation

When a conflict of jurisdiction occurs, litigants may submit an application to the CJT to determine the competent judicial entity or the enforceable judgment. Upon submission of such an application:

1. Proceedings related to the jurisdictional conflict will be stayed until the CJT issues its decision.
2. Enforcement proceedings will also be stayed pending the CJT’s decision on the enforceable judgment.
3. Limitation and time-bar periods prescribed by applicable legislation will be suspended from the date of the application submission.

Issuance and Legal Effect of CJT Decisions

Decisions made by the CJT will be issued in the name of the Ruler and are final, not subject to appeal. These decisions will set judicial precedents, binding all judicial entities, including the DIFC Courts. Any subsequent judicial rulings conflicting with these precedents can be challenged through legally prescribed appeals.

Supersession and Repeals

The decree repeals any contradictory provisions in other legislation and maintains resolutions issued under Decree No. (19) of 2016 to the extent they do not conflict with the new decree, until new resolutions are issued.

Broader Jurisdiction

Decree No. (29) extends the CJT’s oversight beyond the DIFC Courts and Dubai Courts to include other bodies such as the Rental Disputes Centre and Judicial Committees formed by decrees or decisions issued by the Ruler of Dubai, encompassing all entities considered judicial authorities in Dubai.

First Meeting of the CJT

The newly formed independent CJT held its first meeting, discussing its rules and procedures. The CJT’s primary focus is to serve as the final arbiter of jurisdictional conflicts within Dubai.

The CJT’s authority to stay proceedings, enforce judgments, and set binding precedents will significantly streamline the resolution of disputes, enhancing the overall efficiency and effectiveness of Dubai’s judicial system. As the CJT begins its work, it promises to be a cornerstone in maintaining a robust and cohesive legal environment in the Emirate.