Rules & Legislations
Decree No 57 of 2009 – Establishing a Tribunal (as amended by Decree No 11 of 2010) Part 7, Annex 3, Section 3, Article 3 provides that “The rules applied by the Tribunal shall be the Rules of the DIFC Court as may be amended by the Tribunal.” which came into effect on the 13 December 2009.
The legal framework of the DIFC Court rules that applies to the Tribunal is covered under Article 4 which provides:
Subject to the provisions of this Decree, the Tribunal shall decide the demands and claims submitted to it by virtue of:
1. DIFC Law No (3) of 2009 Concerning the law of Insolvency, according to the amendments stated in the Schedule hereto;
2. The Regulations Issued by the Board of Directors of the DIFCA Concerning DIFC Insolvency Regulation,according to the amendments stated in the Schedule hereto;
3. DIFC Law No (10) of 2004 Concerning the Court of DIFC, according to the amendments stated in the Schedule hereto;
4. Legislation in force in the Emirate;
5. Commercial custom; and
6. Principles of justice, and rules of righteousness and equity.
For further information on the DIFC Courts legal framework please click here.
The Tribunal continued to apply the DIFC Courts rules until Dubai World Tribunal Order No 1 was issued by the Chairman, Sir Anthony Evans on 8 September 2011 approving and issuing Rules of the Dubai World Tribunal 2011 (RDWT 2011) being the amendment of the Rules of the DIFC Courts. The Tribunal rules came into force on 1 October 2011, and apply to all acts done or required to be done after that date in any proceedings before the Tribunal (whether such proceedings were commenced before or after that date) and does not affect acts done before that date.
A one month public consultation regarding the amendment of the Rules to be applied by the Tribunal was duly carried out prior to the rules coming into force.