Dubai DIFC Courts Law

Article 17 — 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.

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