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.
Interpretation and application must be checked against the official text and current version.
