Key Insights on Dubai’s New Judicial Committee for Resolving Jurisdictional Conflicts

Dubai’s legal system has seen a critical update with the introduction of Decree No. (29) of 2024, issued by His Highness Sheikh Mohammed bin Rashid Al Maktoum, the Ruler of Dubai. This decree establishes a specialized a New Judicial Committee aimed at resolving jurisdictional disputes between the Dubai International Financial Centre (DIFC) Courts and other judicial bodies within the Emirate of Dubai. The new framework is designed to provide greater clarity in instances where conflicting decisions from different courts may arise, ensuring smoother judicial proceedings and fostering trust in the legal system. 

The Role and Formation of the Judicial Committee 

The Judicial Committee has been specifically created to address situations where jurisdictional challenges between the DIFC Courts and other judicial entities, such as the Dubai Courts or the Rental Disputes Settlement Centre, become unclear. The committee steps in to resolve such issues, safeguarding the interests of all parties by ensuring that only the appropriate judicial body hears the case. 

In a significant shift from its previous dual role of providing both judicial and advisory functions, the Judicial Committee is now designated with a clear and definitive responsibility: to serve exclusively as the ultimate authority on jurisdictional disputes within Dubai. Comprising senior judges from both the DIFC and Dubai Courts, the committee is chaired by the Chief Justice of the Dubai Courts’ Court of Cassation. This multi-court representation guarantees that the committee has a balanced perspective when ruling on disputes. 

Key Functions and Effects of the New Judicial Committee 

The committee’s responsibilities under the decree include: 

  • Jurisdictional Conflict Resolution: Resolve jurisdictional conflicts by determining the proper judicial authority to hear any claim or application when disputes arise between the DIFC Courts and other judicial bodies. This ensures that each case is adjudicated by the appropriate forum, fostering consistency and legal certainty in the administration of justice. 
  • Handling Conflicting Judgments: Determine the authoritative judgment to be enforced in cases where the DIFC Courts and other judicial bodies have issued conflicting decisions on disputes involving the same litigants and subject matter, ensuring consistency in the application of the law. 
  • Further Duties: The committee can also take on additional roles as assigned by the Ruler or the Chairman of the Judicial Council. 
  • Stay of Proceedings: Upon determining its jurisdiction, the Judicial Committee will impose a stay on all claims or applications that are subject to a jurisdictional conflict. This stay remains in effect until the Committee issues a decision identifying the competent judicial entity authorized to hear and resolve these matters. This process ensures that conflicting jurisdictions do not proceed simultaneously, promoting judicial efficiency and clarity. 
  • Stay of Enforcement Proceedings: Similarly, the Committee’s jurisdiction extends to halting any enforcement actions related to conflicting judgments. Enforcement proceedings will be suspended until the Judicial Committee clarifies which judgment is enforceable. This mechanism protects the interests of the parties involved by preventing the execution of potentially conflicting judicial decisions. 
  • Suspension of Limitation Periods: Additionally, the authority of the Judicial Committee includes the suspension of limitation periods and time-bar deadlines stipulated by applicable laws. This suspension takes effect from the moment an application is submitted to the Committee, ensuring that parties are not disadvantaged by the ongoing resolution process. By pausing these critical timeframes, the Committee safeguards the rights of litigants as they navigate jurisdictional conflicts. 
  • Final and Binding Decisions: One of the most critical aspects of Decree No. (29) of 2024 is the binding nature of the Judicial Committee’s decisions. Once the committee rules on a matter, its decision is final and cannot be appealed. Furthermore, these rulings set judicial precedents that all courts within Dubai, including the DIFC Courts, must follow in the future, creating consistency in legal interpretations and applications across different judicial bodies. 

Decree No. (29) of 2024 marks a crucial improvement in Dubai’s legal framework by establishing the Judicial Committee as the primary authority for resolving jurisdictional disputes between the DIFC Courts and other judicial entities. This initiative enhances clarity and predictability, thereby ensuring the efficient resolution of conflicts and reinforcing confidence in the integrity of the legal system. 

Additionally, the binding nature of the Committee’s decisions creates a system of judicial precedents that all courts in Dubai must follow, promoting consistency in legal interpretations. By incorporating mechanisms such as stays of proceedings and suspension of limitation periods, the decree protects the rights of litigants and bolsters the reliability of legal outcomes, ultimately enhancing the stability of Dubai’s legal landscape. 

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by Lakshmi Omanakuttan Leela

Lakshmi is a legal consultant with the Dispute Resolution department of ATB Legal and writes about legal matters in related domains. She is a law graduate from Calicut University and is enrolled with the Bar Council of Kerala.

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