This Practice Direction will come into effect on the date of issuance. It may be cited as ‘Tribunal Practice Direction No. 3 of 2011 – Jurisdiction’ and may be abbreviated to TPD 003/2011.
Having reviewed :
I hereby direct as follow:
(1) Decree No. 57 of 2009 issued by His Highness Sheikh Mohhamed bin Rashid Al Maktoum,Vice Precident and Prime Minister of UAE and ruler of Dubai,define the jurisdiction of the Tribunal by reference to Dubai world and its subsidiaries (Article 3(1),and amending Decree No. 11 of 2010).
(2) The Tribunal has been informed that Nakheel PJSC and certain of its subsidiaries and affiliate ceased to be subsidiaries of Dubai world with effect from 23 August 2011
(3)On the basis of fact,issues as to the jurisdiction of the tribunal may arise in proceeding brought by against Nakheel PJSC and those of the subsidiaries and affiliate that have ceased to be subsidiaries of Dubai world ,so that such proceeding can be identified, Tribunal registry has list of companies concerned which is available for inspection in case of doubt .
(4)The Tribunal may determine any application that may be made to it,on notice and in proper form,with regard to jurisdiction with any of the aforesaid companies either (1) in any projected proceeding, or (2) in any existing proceeding.
(5) As regarded (1)(Projected proceeding) ,I have instructed to the registry to raise the jurisdiction issues with intended claimants,an Tribunal is likely to required that application under paragraph (4) made to be outset of such proceeding .
(6) As regarded (2)(existing proceeding) , pending its determination of any application made under paragraph (4),The Tribunal will continue to exercise jurisdiction in any existing proceeding commenced before 23 August 2011.
On behalf of the Tribunal
Sir Anthony Evans, Chairman 22 September 2011