The Dubai International Financial Centre (DIFC) Courts operate under a distinctive English-language common law system, providing efficient and impartial justice at local and international levels. Familiarizing oneself with the DIFC Court procedure is vital for businesses and individuals looking to attain legal clarity and resolution in commercial and civil matters through the DIFC judicial system. DIFC Courts have jurisdiction over civil and commercial disputes where the underlying contract grants DIFC Courts valid jurisdiction or where the transaction has been carried out (in whole or in part) in the DIFC.
The process commences with the claimant submitting the claim form at the DIFC Courts Registry along with the court fees which is determined by the value and complexities of the subject claim. Subsequently, the claimant must serve the claim to the defendant within the specific period. It is important to note that failure or delay in notifying the defendant can delay the proceedings or even result in the dismissal of the claim.
Within 14 days from the date of notification, the defendant has the option to file (i) an acknowledgment; (ii) admission; or (iii) statement of defense. An acknowledgment of service is filed in situations where the particulars of the claim are not provided or when the allotted time is insufficient for the defendant to prepare or file a defense or if the defendant wishes to dispute the jurisdiction of the court. The acknowledgment of service must state whether the defendant admits or contests the claim and if they seek a different remedy from what is set out in the claim. On filing an acknowledgment of service, the claimant must be provided with a copy of the same.
Initiating a claim with the DIFC Courts may involve a complex process. Seeking guidance from a legal advisor can provide clarity on the laws and individual rights involved. Reach out to us for further information and assistance.
