Dubai DIFC Courts Law

Article (1) Title of the Law

Dubai legislation · DIFC Courts

This Law will be cited as the “DIFC Courts Law No. (2) of 2025”.

Article (2) Definitions

Dubai legislation · DIFC Courts

In this Law, unless the context indicates otherwise, the following terms and expressions listed below shall have the corresponding meanings. Terms Definitions State The United Arab Emirates. Emirate The Emirate of Dubai. Ruler His Highness the Ruler of the Emirate of Dubai. DIFC Dubai International Financial Centre. President The President of the DIFC. DIFC Courts The DIFC Courts including the Court of Appeal, the Courts of First Instance, and the Small Claims Tribunal. Dubai Courts The Dubai Courts regulated under Law No. (6) of 2005 and Law No. (13) of 2016, referred to hereinabove. Claim Claims or applications relating to rights or liabilities. Judge Judge of the DIFC Courts. Enforcement Judge The Judge assigned to perform enforcement functions in accordance with the provisions of this Law. Member of the Small Claims Tribunal Judicial Officer. Judicial Officer Judicial employee appointed to the DIFC Courts to perform the judicial functions prescribed by this Law. Registrar Registrars and assistant registrars of the DIFC Courts who are responsible for supervising the registries of applications, claims and enforcement, the Non-Muslims Wills Registry, and any registry or service assigned to the DIFC Court for supervision in accordance with the DIFC Regulations and Rules of the Courts. DIFC Bodies The DIFC Bodies as established and regulated in accordance with Law No. (5) of 2021 as well as the DIFC Laws. DIFC Establishment Any entity or business established, licensed, registered, or permitted to operate or to carry on any activity in or through the DIFC pursuant to the DIFC Laws and the DIFC Regulations, including Licensed DIFC Establishments. Licensed DIFC Establishment Any entity or business licensed, registered, authorised, or recognised by the Dubai Financial Services Authority (DFSA) to carry on Financial Services or Ancillary Services under Law No. (5) of 2021 and the DIFC Laws. DIFC Laws Any laws issued by the Ruler concerning the DIFC. DIFC Regulations Any rules, regulations, bylaws, or orders relating to the DIFC issued by the President or by the DIFC Bodies. Rules of the Courts (RDC) The rules regulating litigation procedure before the DIFC Courts, as issued by the President. Foreign Judgements Any judgement or decision of a foreign court. Arbitral Awards Domestic and Foreign Arbitral Awards.

Article (3) Scope of the Law

Dubai legislation · DIFC Courts

The provisions of this Law shall apply to the DIFC Courts established under Law No. (12) of 2004, as referred to hereinabove.

Article (4) The DIFC Courts’ Venue

Dubai legislation · DIFC Courts

A. The venue of the DIFC Courts shall be situated within the DIFC. However, by decision of the Chief Justice, certain hearings may be held outside the DIFC by any means, or as stipulated in the Rules of the Courts. B. A DIFC Court may at any stage of a proceeding: 1. direct that the proceeding or a part of the proceeding be conducted or continued at a place specified in the order, subject to such conditions as the DIFC Court may determine; and 2. direct that DIFC Laws, DIFC Regulations, and Rules of the Courts shall continue to apply to the proceedings in that venue.

Article (5) Regulation and Function of the DIFC Courts

Dubai legislation · DIFC Courts

The affairs of the judicial and administrative bodies of the DIFC Courts shall be regulated, and their functions determined, pursuant to this Law, DIFC Laws, and DIFC Regulations. The DIFC Courts shall exercise their duties and functions independently in accordance with the provisions of this Law, DIFC Laws, DIFC Regulations and Rules of the Courts.

Article (6) Litigation before the DIFC Courts

Dubai legislation · DIFC Courts

Litigation before the DIFC Courts shall consist of two distinct tiers, in accordance with the provisions of this Law, DIFC Laws, and Rules of the Courts.

Article (7) Language of the DIFC Courts

Dubai legislation · DIFC Courts

The official language of the DIFC Courts is English, an interpreter will be assigned, when necessary, after taking an oath.

Article (8) DIFC Court Proceedings

Dubai legislation · DIFC Courts

A. All DIFC Court hearings shall be held open to the public and all judgements will be announced publicly unless the DIFC Laws or the Rules of the Courts shall stipulate otherwise, or the DIFC Court shall order otherwise of its own initiative. B. In any proceeding, evidence shall be given orally or by affidavit, or as otherwise directed or allowed by the DIFC Courts. A DIFC Court may, for the purposes of any proceeding, direct or allow testimony to be given by video link, telephone, electronic device, or other appropriate means. The testimony shall be given on oath or affirmation unless: 1. the person giving the testimony is in a foreign country; or 2. either the law in force in that country does not permit the person to give testimony on oath or affirmation for the purposes of the proceeding; or the law in force in that country would make it inconvenient for the person to give testimony on oath or affirmation for the purposes of the proceeding; and the DIFC Court deems it appropriate for the testimony to be given otherwise than on oath or affirmation. C. Where the testimony is given otherwise than on oath or affirmation as stipulated in sub-paragraph (B)(2) of this Article, the DIFC Court shall give such testimony the weight it considers appropriate.

Article (9) Judgements of the DIFC Courts

Dubai legislation · DIFC Courts

A. Judgements issued by the DIFC Courts shall be rendered and enforced in the name of the Ruler, in accordance with this Law, DIFC Laws and Rules of the Courts. B. Judgements may be delivered by a single Judge in the event that more than one Judge has heard the proceeding. C. Judgements of the DIFC Courts may, from the date of the judgement, carry legal interest on the judgement sum. Such interest shall be: 1. at the rate fixed by the Rules of the Courts; or 2. at a rate that is lower than that fixed by the Rules of the Courts as the DIFC Court deems appropriate. D. Judgements, orders, and decisions issued by the DIFC Courts shall be issued: 1. under the seal of the DIFC Court; and 2. signed by the Judge, the Registrar, or an officer acting with the authority of the Registrar.

Article (10) Appointment and Functions of the Chief Justice

Dubai legislation · DIFC Courts

A. The DIFC Courts shall have a Chief Justice and one or more Deputy Chief Justice(s) who shall be appointed pursuant to a decree issued by the Ruler upon the President’s recommendation. B. In addition to the functions assigned to him under Law No. (5) of 2021 referred to above, the Chief Justice shall have the following duties and powers: 1. forming DIFC Court circuits, including the Small Claims Tribunal, and issuing instructions related to their functions; 2. establishing the policies and procedures of the judicial affairs of the DIFC Courts; 3. proposing draft laws and regulations relating to DIFC Courts affairs and matters which fall within their jurisdiction, and submit the same to the President for approval or for issuing directives on relevant action, as found appropriate; 4. proposing and submitting Rules of the Courts to the President for adoption and issuing instructions for the implementation of these rules after adoption; 5. directing for a public consultation on the draft DIFC laws and regulations concerning DIFC Courts matters and issues that fall within its jurisdiction, and on which DIFC Court users may share their comments within such period as specified by the Chief Justice; 6. directing for the publication of draft Rules of the Courts by means of a notice to all court users for their comments. This notice shall include the provisions contained therein and a summary of the draft; 7. overseeing and monitoring Judges to perform their duties fully; 8. overseeing and monitoring Registrars to perform their duties relating to legal affairs; 9. issuing rules and instructions for the register of practitioners and lawyers who are duly licensed to appear before the DIFC Courts, and issuing a comprehensive code of professional conduct; 10. appointing and terminating Judicial Officers, including Members of the Small Claims Tribunal, and determining their duties, powers, conditions of service and entitlements in consultation with the Director of the DIFC Courts; and 11. any other functions or duties assigned by the President or in accordance with the provisions of the DIFC Laws, DIFC Regulations, Rules of the Courts, and the legislation in force in the Emirate that are applicable within the DIFC. C. The Chief Justice shall determine the design and specifications of the DIFC Courts’ official seal which shall be maintained in the custody of the Registry, or as the Chief Justice directs. D. The Chief Justice may delegate any of the functions provided in paragraph (B) of this Article to the most senior Deputy Chief Justice, provided that such delegation is made in writing and specific. E. In addition to duties assigned by the Chief Justice, the most senior Deputy Chief Justice shall exercise all the duties and powers vested in the Chief Justice, under this Law and the cited Law No. (5) of 2021, in the event of absence or vacancy of position.

Article (11) Appointment and Functions of the Director

Dubai legislation · DIFC Courts

A. The DIFC Courts shall have a Director, who shall be appointed by a decree issued by the Ruler and a deputy Director, who shall be appointed pursuant to a decision issued by the President on the Director’s recommendation. B. In addition to the functions assigned to him under Law No. (5) of 2021 referred to above, the DIFC Courts Director shall have the following duties and powers: 1. establishing the policies, rules and procedures of the DIFC Courts related to the administrative function of the DIFC Courts; 2. supervising the register of practitioners licensed to appear before the DIFC Courts, as well as the Pro Bono Programme; 3. supervising the register of certificates, authentication, and attestation, and establishing the necessary regulations for its function; 4. supervising the Ancillary Services, and establishing the necessary regulations for their function; and 5. any other duties or powers assigned by the President or in accordance with the provisions of the DIFC Laws, DIFC Regulations, Rules of the Courts, and the legislation in force in the Emirate that are applicable within the DIFC. C. The Director of the DIFC Courts may delegate any powers to the Deputy Director or to any of the DIFC Courts employees, provided that such delegation is in writing and specific. D. In addition to the duties assigned by the Director of the DIFC Courts, the Deputy Director shall exercise all the duties and powers assigned to the Director pursuant to this Law and the cited Law No. (5) of 2021, in the event of absence or vacancy of position. E. The remuneration and financial allocations for the Deputy Director of the DIFC Courts shall be determined in accordance with a resolution to be issued by the President in this regard.

Article (12) DIFC Courts Registries

Dubai legislation · DIFC Courts

A. The DIFC Courts shall have the following registries: 1. The Registry for the registration of applications, claims, and the enforcement of judgements, as well as the enforcement of non-Muslims Wills; 2. The Wills Registry for non-Muslims under the DIFC Courts Ancillary Services; 3. The Register of practitioners licensed to appear before the DIFC Courts, and the Pro Bono Programme, under the DIFC Courts Ancillary Services; 4. Certificates, authentication, and attestation services Registry, under the DIFC Courts Ancillary Services; and 5. any other registry to be established by the DIFC Courts pursuant to a decision by the President. B. The Chief Justice and the Director, each within his own functions, shall determine the framework of the registries referred to in sub-paragraphs (A)(1), (A)(2) and (A) (3) of this Article, and the records that must be listed therein. C. The President shall determine the operational framework of the certificates, authentication, and attestation services Registry referred to in sub-paragraph (A)(4) of this Article, and the records listed therein.

Article (13) The Mediation Centre

Dubai legislation · DIFC Courts

An organisational unit called the “Mediation Centre” shall be established at the DIFC Courts to consider disputes and resolve them amicably. The President shall determine its operational framework, functions and procedures followed therein.

Article (14) Jurisdiction of the DIFC Courts

Dubai legislation · DIFC Courts

A. The DIFC Courts have exclusive jurisdiction to hear and determine: 1. Civil or commercial and employment claims and applications by or against the DIFC Bodies or DIFC Establishments and those to which DIFC Bodies or DIFC Establishments are party; 2. Civil or commercial and employment claims and applications arising from or related to contracts, whether concluded, completed, or performed, wholly or partly, within the DIFC, or which will be or should be performed, wholly or partly, within the DIFC, as expressly provided in such contracts; 3. Civil or commercial and employment claims and applications, arising out of or related to any incident or transaction relevant to the DIFC Bodies or DIFC Establishments, their own activities, or those related to the activities of the employees in any of them, that take place, wholly or partly, within the DIFC; 4. Claims and applications arising out of or related to trust instruments established or registered in the DIFC and non-Muslim Wills which are registered with the DIFC Courts; 5. Claims and applications for the ratification or recognition of Arbitral Awards, in accordance with the Arbitration Law in force within the DIFC. 6. Claims and applications arising from or related to any arbitration procedures where: i. the seat or legal place of arbitration is the DIFC; ii. arbitral proceedings take place within the DIFC, and the parties have not agreed on the seat or legal place of arbitration; or iii. the parties agree to the DIFC Courts’ jurisdiction for disputes arising out of arbitration proceedings. 7. Claims and applications over which the DIFC Courts have jurisdiction under the DIFC Laws, DIFC Regulations, and the legislation in force in the Emirate, as well as any international treaty and convention to which the State has acceded or is a party to. B. The DIFC Courts have jurisdiction to hear and determine civil and commercial claims and applications, where the parties expressly agree in writing to the DIFC Courts’ jurisdiction, whether before or after the dispute arises, provided that such agreement is made pursuant to specific, clear and express provisions. C. The DIFC Courts may decline jurisdiction to hear the following proceedings: 1. Claims falling within the jurisdiction of the DIFC Courts but where the parties have agreed in writing to the jurisdiction of another court; 2. Claims in which a final judgement has been issued by any other court and can be enforced within the DIFC.

Article (15) Interim and Precautionary Measures

Dubai legislation · DIFC Courts

The DIFC Courts have jurisdiction to hear and determine applications for interim or precautionary measures related to the following: 1. Claims and applications that fall within the jurisdiction of the DIFC Courts. 2. A claim for the disclosure of the true identity of a defendant or a potential defendant, against whom a claim may be brought before the DIFC Courts. 3. A claim for the disclosure of funds or assets owned by the defendant or applicant in applications and claims that fall within the jurisdiction of the DIFC Courts. 4. Applications, claims, or current or future arbitral proceedings brought outside the DIFC seeking suitable precautionary measures within the DIFC.

Article (16) Composition of the DIFC Courts

Dubai legislation · DIFC Courts

A. The DIFC Courts shall comprise of the following: 1. Court of Appeal; 2. Courts of First Instance, which includes specialised courts formed therein; and 3. Small Claims Tribunal. B. The order of these DIFC Courts shall be as set forth in paragraph (A) of this Article and shall have exclusive jurisdiction in accordance with this Law and the procedures stipulated under the Rules of the Courts.

Article (17) Composition and Jurisdiction of the Court of Appeal

Dubai legislation · DIFC Courts

A. The Court of Appeal shall consist of one circuit or more, comprising three (3) Judges in each circuit, or in an exceptional case, upon a decision issued by the Chief Justice in this regard, five (5) Judges. B. The Court of Appeal is to be presided over by the Chief Justice of the DIFC Courts, or by the next most senior Judge, when necessary. C. The Court of Appeal has exclusive jurisdiction to hear and determine: 1. Appeals filed against judgements and decisions issued by the Courts of First Instance; 2. Requests for interpretation by the Courts of First Instance concerning any matter brought before it; and 3. Requests for interpretation of any DIFC Laws and DIFC Regulations upon an application submitted to the Chief Justice by any of the DIFC Bodies, DIFC Establishments, or Licensed DIFC Establishments. Such interpretation shall have the same authority as the interpreted Legislation or Regulation. D. Judgements shall be handed down unanimously or by majority, in the event of a dissent, the dissenting Judge may include his dissenting opinion. E. The Court of Appeal may, in exercising its appellate jurisdiction under paragraph (C) of this Article: 1. issue any order that could have been issued or granted by the Courts of First Instance; 2. affirm or vary the judgement or decision issued by the Courts of First Instance; 3. attach terms or conditions to an order it issues; 4. annul or set aside a judgement or decision; 5. refer any claim or issue for determination by the Courts of First Instance; 6. issue an order for a new trial or hearing; 7. compel or prohibit a specific action or an action of a specific class; 8. issue an order on a declaration of facts; 9. order the payment of interest; 10. make an order with respect to costs; or 11. make any other order that the Court of Appeal considers appropriate or just. F. Subject to paragraph (A) and paragraph (B) of this Article, a single Judge may exercise the appellate jurisdiction of the Court of Appeal to consider and determine matters relating to an application for: 1. Permission to appeal before the Court of Appeal against the judgement issued by the Courts of First Instance; 2. Appeals against judgements and decisions issued by the Enforcement Judge; 3. An extension of the time for filing an appeal before the Court of Appeal against the Courts of First Instance judgement; 4. Permission to amend the grounds of an appeal brought before the Court of Appeal; and 5. Stay of proceedings. G. The Rules of the Courts shall prescribe the time within which an appeal can be brought and the procedures and conditions relating to the filing and progression of the appeal.

Article (18) Conclusive Judgements of the Court of Appeal

Dubai legislation · DIFC Courts

Judgements rendered by the Court of Appeal shall be final and conclusive and shall not be appealed in any way.

Article (19) Composition and Jurisdiction of the Courts of First Instance

Dubai legislation · DIFC Courts

A. The Courts of First Instance shall consist of specialised courts, whose composition and jurisdiction shall be determined by way of a decision of the Chief Justice and shall consist of one (1) or more divisions, each comprised of a single Judge. B. Subject to the DIFC Courts’ jurisdiction as provided for in Article (14) of this Law, the Courts of First Instance shall have jurisdiction to hear and determine: 1. Insolvency claims in accordance with the provisions of the DIFC Laws, DIFC Regulations, and the Rules of the Courts; 2. Appeals or claims for judicial review of statutory decisions and procedures taken by the DIFC Bodies which are subject to appeal under the DIFC Laws, DIFC Regulations, and the Rules of the Courts; 3. Applications for an injunction order restraining a person from engaging in conduct or requiring a person to carry out a certain act or action, and any other order the Court considers appropriate. 4. Appeals against decisions or procedures made by the committees formed within the DIFC Bodies as provided for in the DIFC Laws, DIFC Regulations and Rules of the Courts. 5. Appeals against judgements and orders issued by the Small Claims Tribunal, which are subject to appeal under the DIFC Laws, DIFC Regulations, and Rules of the Courts. C. Each specialised court shall have a Judge in charge of no less than an appellate judge level appointed by the Chief Justice. In the absence of a Judge in charge of a specialised court, a presiding judge shall be appointed by the Chief Justice to replace him. The Chief Justice may transfer Judges of the specialised courts from one court to another.

Article (20) Composition and Jurisdiction of the Small Claims Tribunal

Dubai legislation · DIFC Courts

A. The Small Claims Tribunal shall be constituted of one (1) circuit or more. The Chief Justice shall determine its processes and the value and type of claims. B. A Member of the Small Claims Tribunal shall hear and determine the claims before the Small Claims Tribunal, in addition to any other duties assigned under the Rules of the Courts.

Article (21) Appeals Against Small Claims Tribunal Judgements

Dubai legislation · DIFC Courts

A. Judgements of the Small Claims Tribunal may be appealed before the Courts of First Instance in accordance with the procedures established under the DIFC Laws, DIFC Regulations, Rules of the Courts or any Practice Direction or Order issued by the DIFC Courts, where the appeal relates to: 1. a question of law; 2. an allegation of a miscarriage of justice; 3. an issue of procedural fairness; or 4. a matter provided for in or under DIFC Laws. B. The Courts of First Instance may, in the exercise of their appellate jurisdiction under this Article, issue any orders or carry out any functions set out in paragraph (E) of Article (17) of this Law. C. Judgements issued by the Courts of First Instance under paragraph (A) of this Article are final and are not subject to any form of appeal.

Article (22) DIFC Courts Affairs Committee

Dubai legislation · DIFC Courts

A. A committee named the “DIFC Courts Affairs Committee” shall be established in the DIFC Courts, presided by the Chief Justice consisting of: 1. The most senior Deputy Chief Justice of the DIFC Courts; 2. A Judge selected by the Chief Justice; 3. The Director of the DIFC Courts; 4. The Deputy Director of the DIFC Courts; 5. The Registrar; and 6. The Chief Operating Officer of the DIFC Courts. B. The Chairman of the DIFC Courts Affairs Committee may seek the assistance of anyone he deems appropriate with experience and expertise to attend its meetings and deliberations. C. The Courts Affairs Committee shall carry out the following duties and powers: 1. Proposing a general policy, strategic plans, objectives and development plans for the judicial and administrative bodies of the DIFC Courts; 2. Coordinating and creating an integrative mechanism between the judicial cadre and the administrative bodies of the DIFC Courts, in accordance with their functions under the DIFC Laws, DIFC Regulations and the Rules of the Courts; 3. Proposing and reviewing draft laws, rules, bylaws and regulations relating to the DIFC Courts, or draft DIFC laws referred to the DIFC Courts for feedback; 4. Determining upon matters submitted to it by the President; and 5. Exercising any other duties or powers assigned to it by the Ruler or the President.

Article (23) Applicable Law

Dubai legislation · DIFC Courts

The DIFC Courts shall apply the DIFC Laws and DIFC Regulations to the proceedings before them, except where the DIFC Laws and DIFC Regulations provide otherwise or where the parties have expressly agreed that another law shall govern their dispute.

Article (24) Powers of the DIFC Courts

Dubai legislation · DIFC Courts

A. Power to Appoint Assessors: 1. For the purposes of any case pending before any of the DIFC Courts, a Judge may appoint one or more Assessors who shall be independent and experts in their field, to assist the DIFC Court in the determination of any of the issues arising in a proceeding before the DIFC Courts. Prior to commencing duties, an Assessor shall take an oath or affirmation in accordance with the Rules of the Courts. 2. If an Assessor appointed under sub-paragraph (A)(1) of this Article provides advice to the DIFC Courts, the parties to the proceedings shall be given an opportunity to make submissions on the Assessor’s advice. 3. If a Judge relies to a substantial extent on the advice of the Assessor, the judgement shall mention the issues on which, and the extent to which, the advice was relied upon by the Judge. 4. The Registrar shall issue an order for payment to any Assessor appointed under this Article a fee as set out in the Rules of the Courts for carrying out his duties and shall reimburse him for any expenses reasonably incurred. 5. An Assessor who has or may have a conflict concerning the subject matter of the proceedings shall disclose the matters giving rise to that conflict to the Judge and the parties to the proceeding. 6. For the purposes of this Article, an Assessor has a conflict of interest in relation to proceedings if the Assessor has any interest, pecuniary or otherwise, that could conflict with the proper performance of the Assessor's functions in relation to the proceedings. B. Power to appoint Receivers and Provisional Liquidators: 1. A DIFC Court may, by interim order and at any stage of the proceedings, appoint a receiver or provisional liquidator; and 2. The DIFC Court may attach any terms and conditions to the appointment the DIFC Court considers appropriate and may provide the receiver and provisional liquidator with any powers it considers necessary. C. The DIFC Court has power to issue any interim orders it considers just or appropriate including restitution, disgorgement, compensation, damages, or damages in substitution for an injunction; or award any other form of compensation set out in the DIFC Laws and DIFC Regulations. D. The DIFC Court has the power to make orders as to the conduct of any proceedings before the Court that it considers appropriate, including but not limited to: 1. orders prescribed by any legislation issued under the DIFC Laws; 2. injunctions, including orders to perform an act; 3. interim or interlocutory orders as stipulated in the DIFC Laws; 4. orders made without notice to any other party, where required under the circumstances; 5. contempt orders; 6. orders made for the proper administration of justice; or 7. referral of matters that constitute a crime under the legislation in force in the Emirate to the Attorney General of Dubai. E. The DIFC Court may, if it considers it appropriate: 1. stay the enforcement of any decision, order, or proceeding; 2. join any party to an action or proceeding; 3. suspend the operation of an injunction or other interim order; or 4. make any other order necessary for the proper administration of justice. F. The DIFC Court may, of its own initiative or on the application of a party, summon any person to appear before it as a witness and order him to provide any documents it deems necessary for the proper administration of justice. G. The DIFC Court may order a person to appear before the DIFC Court and give evidence under oath or affirmation in relation to any proceedings before it. Subject to this Article, the DIFC Court may: 1. provide directions concerning the time, place and manner of the examination. 2. permit any party to the proceeding to give evidence or testimony in a manner or on terms as the DIFC Court directs; and 3. order the payment of a financial penalty by a person who fails to comply with an order made under this Article. H. Where the DIFC Courts have ordered the payment of damages, interest, costs or fines, or any order made involving financial amounts, the amount may be recoverable as a debt due and payable. I. The Court has discretion to require a party to provide security for costs of the proceedings on terms and conditions it considers appropriate, save that the DFSA or the Registrar of Companies cannot be ordered to provide security in proceedings initiated by the DFSA or the Registrar of Companies under the DIFC Laws and DIFC Regulations. J. The DIFC Courts may, for the interest of justice, issue an order prohibiting or restricting the publication of evidence or any part of the proceedings pending before it.