The courts have the jurisdiction to hear and determine civil and commercial disputes falling within their statutory jurisdiction. These typically range from sophisticated, domestic and international financial transactions to debt collection and employment disputes, where either:

DIFC law allows for any institution operating within the DIFC to select a legal jurisdiction of its choice other than the DIFC when entering into contracts (the laws of the UAE, England and Wales and so on). However, if the parties do not do so, the DIFC laws are applicable by default and the parties can file a case in the DIFC Courts.

The DIFC Courts have jurisdiction over civil, commercial and certain regulatory matters only. They do not have jurisdiction over criminal matters.

The DIFC Courts operate a Court of First Instance (CFI) and a Court of Appeal (CA). The CFI has jurisdiction over civil or commercial cases in accordance with the DIFC's laws and regulations, and the CA has jurisdiction over appeals filed against awards and judgments made by the CFI. The CA can also provide an interpretation of any article of the DIFC's laws based on a request by any of the DIFC's bodies or establishments. There is no appeal from a decision of the CA.

DIFC Courts' judgments are enforced in the DIFC in substantially the same way as judgments of the Dubai Courts. Orders, decisions and judgments of the DIFC Courts are routinely enforced by execution judges in the Dubai Courts, and vice versa.

A number of Memoranda of Understanding (MOUs) concluded between the DIFC Courts, the Dubai Courts and the courts of the other Emirates are expected to assist in the enforcement of DIFC Court judgments, decisions and orders within the wider UAE.

The UAE has entered into a number of treaties with other states in the region, which govern the reciprocal enforcement of court judgments, such as the Gulf Cooperation Council (GCC) Convention (1996) and the Riyadh Convention (1983).

The DIFC Courts have produced a guide for practitioners setting out the legislative framework underpinning the enforcement of DIFC court judgments and orders outside the DIFC, which is available at: http://difccourts.ae/enforcing-difc-court-judgments-and-orders-outside-the-difc1/.

The SCT was established in 2009 as a tribunal of the DIFC Courts, with the power to hear and determine "small" claims within the jurisdiction of the DIFC courts. It is claimed that 90% of all SCT claims are resolved within 21 days of their commencement. Legal representation is not permitted in the SCT save with the permission of the Court.

The SCT has jurisdiction to hear any claim the value of which does not exceed AED100,000 or, in cases relating to employment, AED200,000. If the amount of the claim being brought before the SCT exceeds the above amounts, but does not exceed AED 500,000, all parties to the claim must elect in writing that it be heard by the SCT.

The DIFC Courts implemented their first pro bono programme in 2009. The Pro Bono Programme offers a wide range of free legal assistance, from basic advice to full case management and representation for eligible individuals.

The programme aims to ensure that professional legal advice is available to anyone who cannot afford to obtain such legal representation on their own. The legal advice offered focuses on issues that do or might fall within the jurisdiction of the DIFC Courts.

Pro bono legal assistance is not provided for criminal matters or matters that are governed by personal laws such as family or inheritance laws. A potential pro bono litigant must apply to the Pro Bono Programme, and may be eligible based on their means and the merits of the case.

Pro bono litigants may be eligible for a "costs-free" trial, in which the pro bono litigant does not have to cover the legal costs of the opposing party if the pro bono litigant loses the case. If the pro bono litigant wins the case, costs are paid by the opposing party to the Pro Bono Fund. Litigants must apply for a costs-free trial.

The Pro Bono Programme holds pro bono clinics on a regular basis throughout the year, during which potential litigants can walk in on the assigned days to meet with a pro bono volunteer who can advise on actual or prospective claims and provide general legal advice, as necessary.

No appointments are necessary for the clinics, which are held in the DIFC Courts building. Individuals from outside Dubai, or for whom attending the clinic may be impractical, can also request pro bono legal advice and assistance via e-mail.

The DIFC Courts Academy runs the Certificate in DIFC Courts' Law and Procedures programme (Certificate). This is designed to meet the needs of Emirati and expatriate lawyers, legal advisers, consultants and others seeking to gain a better understanding of the laws of the DIFC and the practice of the DIFC Courts.

The Certificate comprises weekly sessions on topics such as:

Arabic language seminars have also been run in collaboration with the Dubai Judicial Institute.

Significant cases concerning the jurisdiction of the DIFC Courts include:

The DIFC Courts' judgments and orders are published on the DIFC Courts website: http://difccourts.ae/publications/.

There are three types of claim form for commencing a claim:

The procedure for filing a claim form differs depending on whether the claim is a small claim, or a Part 7/Part 8 claim.

Filing a small claim. The SCT Registrar issues a claim form at the request of a party (Rule 53.8).

For a small claim, the claimant must set out or attach to the claim form a statement of the remedy sought and the reasons for which the claimant is entitled to that remedy (Rule 53.9). The claimant must also provide the defendant's address for service (Rule 53.10). The SCT serves the claim form on the defendant.

The filing fee for employment disputes is 2% of the value of the claim with a minimum of US$100, and for other disputes, 5% of the value of the claim with a minimum of US$100. The SCT may defer, waive or reduce court fees if appropriate in the circumstances.

Filing a Part 7/Part 8 claim. A claimant can use a single form to start all claims that can be disposed of in the same proceedings (Rule 7.17).

The claim form and every statement of case (Part 17 on statements of case does not apply to Part 8 claims) should contain the title of the proceedings, which should state (Rule 7.18):

DIFC Court Fees are provided for in Amended Practice Direction 4/2015.

The filing fee for a Part 7 claim is 5% of the value of the claim and/or property with a minimum of US $1,500 and a maximum of US $130,000. Where the claim is for both money and other relief only the higher applicable fee is payable.

The filing fee for a Part 8 claim claiming a specified monetary amount is the same as for a Part 7 claim. The fee for a non-monetary Part 8 claim is US$5,000.

Proceedings start when the claim form is issued by the court at the request of the claimant (Rule 7.3).

The date on the claim form is the date of issue of the claim form (Rule 7.4). The date on which the form was received by the Registry is recorded by a date stamp either on the claim form or on the letter that accompanied the claim form when it was received by the court (Rule 7.6).

If the Registry is closed, the claim form can be issued by e-mail after being endorsed and signed. When the Registry reopens, the claimant can deliver to the Registry the document that was issued by e-mail (or if already served, a certified copy of it) and pay the court fees. The Registry has the authority to allocate a case number, seal and mark as "original" the claim form, with the date of receipt of the e-mail as the date of issue (Rule 9.70).

Once issued, a claim form must be served on the defendant (Rule 7.20):

If the claim form has been issued but not served on the defendant, the defendant may serve a notice on the claimant requiring him to serve the claim form within the period specified in the notice (which should be at least 14 days after service of the notice) or discontinue the claim (Rules 7.26 and 7.27).

The claimant can apply to extend the period of time for service of the claim form. In general, the claimant should do so within the time periods specified above or within the period specified by any order made to extend the time for service (Rule 7.22).

A claimant can apply for an order to extend the time for service outside the above periods but a court will only make such an order after assessing that the claimant has acted promptly and has taken reasonable steps to serve the form, and the court has been unable to serve the claim form (Rule 7.23).

A claim form can be served by personal service, courier, leaving the document at a place specified in the RDC (for example, an address for service in the DIFC) or by electronic communication (Rule 9.2).

The claim form needs to be verified by a statement of truth, which confirms that the claimant believes that the facts stated in the claim form are true (Rules 7.29 to 7.30).

Particulars of claim can be served with the claim form. In the case of a Part 8 claim, the claimant must file any written evidence on which he intends to rely when he serves the claim form (Rule 8.23). Evidence could be in the form of a witness statement or an affidavit. A claimant can rely on matters set out in his claim form if verified by a statement of truth (Rule 8.25).

If they are not contained in the claim form or served with it, the claim form must state that particulars of claim will follow, if an acknowledgement of service is filed by the defendant (Rule 7.31 (1)).

The claimant must serve particulars of claim within 28 days of the filing of the acknowledgement of service (Rule 7.31(2)).

If the claimant claims interest, he needs to include a statement and provide details in the claim form and particulars of claim (Rule 7.32).

If the claimant serves the particulars of claim separately from the claim form, he must file a copy of the particulars, together with a certificate of service, within seven days of service on the defendant (Rule 7.33).

When the claim form is served on the defendant, the claimant must provide the defendant with (Rule 7.34):

In general, when responding to a claim:

As discussed below, the defendant can also use the acknowledgement of service to indicate an intention to challenge the court's jurisdiction.

A defendant should file an acknowledgement of service (using Form P11/01) in accordance with Part 11 if:

It is important to note that:

When the claim form is served on the defendant, it will include a form for making an admission (Rule 15.5).

If the defendant admits the whole claim for a specified amount of money, the admission form or written notice of admission should be returned to the claimant within the period set out in Rule 15.8 (Rule 15.6).

If the defendant admits part of a claim for a specified amount of money or a claim for an unspecified amount of money:

The period for returning an admission under Rule 15.14 or filing it under Rules 15.18, 15.19 or 15.24, is 14 days after service of the particulars of claim (where the claimant is served with a claim form which states that the particulars of claim will follow), and in any other case, 14 days after service of the claim form (Rule 15.8). A defendant may return or file an admission after the end of the period specified in Rule 15.8 if the claimant has not obtained default judgment (under Part 13 (Rule 15.10)). Rule 15.8 is subject to the rules contained in Rule 15.9.

Where a party makes an admission by notice in writing (under Rule 15), any other party can apply for a judgment on the admission (Rule 15.12).

If the claimant is only seeking payment of a specified amount of money and the defendant admits the whole claim, the defendant can return an admission in Form 15/01 or Form 15/02 (Rule 15.14).

If the claimant is only seeking the payment of an unspecified amount of money and the defendant admits liability but does not offer to pay a specified amount of money in satisfaction of the claim, the defendant can admit the claim by filing an admission in Form P15/03 (Rule 15.19).

If the claimant is only seeking the payment of an unspecified amount of money and the defendant admits liability and offers to pay a specified amount of money in satisfaction of the claim, the defendant can admit the claim by filing an admission in Form P15/01 (Rule 15.24).

A defendant who makes an admission under Rules 15.14, 15.18 or 15.24 can make a request for time to pay (Rule 15.33), which must be served or filed with his admission (Rule 15.35). The defendant should complete the statement of means contained in the admission form or otherwise give details of his means in writing (Rule 15.36).

If a defendant wishes to defend all or part of a claim, he must file a defence (Rule 16.3). (Part 16 does not apply where the claimant uses Part 8 procedures or to specialist proceedings for which special provisions for defence and reply are made by these Rules.)

The claimant can obtain a default judgment, if allowed by Part 13, where the defendant fails to file a defence (Rule 16.4).

Form P16/01 (specified amount) or Form 16/02 (unspecified amount or non-money claims) can be used for a defence and are included in the pack served with the particulars of claim (Rule 16.5).

The defence needs to be verified by a statement of truth in the form set out in Rule 16.7 (Rule 16.6).

The general rule is that the defence needs to be filed 14 days after service of particulars of claim or 28 days after service of the particulars of claim (if the defendant files an acknowledgement of service under Part 11) (Rule 16.9). The general rule is subject to exceptions, such as where the claim form is served out of the jurisdiction (Rule 16.10).

The claimant and defendant may agree to extend by up to 28 days, the period for filing a defence specified in Rules 16.9 and 16.10 (Rule 16.11). The defendant must notify the court of this in writing (Rule 16.12).

A copy of the defence must be served on every other party (Rule 16.13).

Where a defendant serves a counterclaim under Part 21, the defence and counterclaim should normally form one document, with the counterclaim following on from the defence (Rule 16.15). Amended Practice Direction 4/2015 provides that fees for counterclaims are the same as for claims.

The defendant must give an address for service if he has not filed an acknowledgement of service under Part 11 (Rule 17.23). Where the defendant is an individual and the claim form does not contain an address for the defendant or contains an incorrect address, the defendant must provide his address in the defence (Rule 17.24).

In the defence, the defendant must state:

Where the defendant denies an allegation:

A defendant who fails to deal with an allegation but sets out in his defence the nature of his case in relation to the issue to which the allegation is relevant is taken to require that allegation to be proved (Rule 17.28).

Where a claim includes a money claim, unless the defendant expressly admits the allegation, the allegation relating to the amount of money needs to be proved (Rule 17.29).

Subject to Rules 17.28 and 17.29, a defendant who fails to deal with an allegation is taken to admit that allegation (Rule 17.30).

If the defendant is defending in a representative capacity, he must state what that capacity is (Rule 17.31).

The defendant must give details of the expiry of any relevant limitation period relied on (Rule 17.32).

Where a defendant contends that he is entitled to money from the claimant and relies on this as a defence to the whole or part of the claim, the contention may be included in the defence and set off against the claim, whether or not it is also a counterclaim (Rule 17.33).

A defendant can make a counterclaim against the claimant by filing particulars of the counterclaim (Rule 21.7).

A defendant can make a counterclaim against a claimant without the court's permission if he files it with his defence, or at any other time with the court's permission. The defence and counterclaim should normally form one document (Rule 21.8).

A defendant who wishes to counterclaim against a person who is not already a party must apply to the court for an order that the person be added as an additional party (Rule 21.11). The application can be made without notice unless directed otherwise by the court (Rule 21.12).

A defendant who has filed an acknowledgement of service or a defence can make an additional claim for contribution or indemnity against a person who is already a party to the proceedings by filing a notice containing a statement of the nature and grounds of the additional claim and serving the notice on that party (Rule 21.14). The notice can be filed and served (Rule 21.15):

An additional claim is made when the court issues the appropriate claim form (Rule 21.17). (Rules 21.17 to 21.24 do not apply to counterclaims against an existing party and a claim for contribution or indemnity made in accordance with Rule 21.14.)

A defendant can make an additional claim without the court's permission if the additional claim is issued before or at the same time as he files his defence, and at any other time with the court's permission (Rule 21.18).

Particulars of an additional claim must be contained in or served with the additional claim (Rule 21.19). The application for permission to make the additional claim can be without notice, unless the court directs otherwise (Rule 21.20). The application notice for permission to make an additional claim should be filed together with a copy of the proposed additional claim (Rule 21.21). The application needs to be supported by evidence (as specified in Rule 21.22).

Where an additional claim can be made without the court's permission, any claim form must (Rule 21.25):

(Note that Rule 21.25 does not apply to a claim for contribution or indemnity made in accordance with Rule 21.24.)

When the court gives permission to make an additional claim, it will give directions as to service at the same time (Rule 21.27).

The procedure for obtaining orders is set out in the RDC. Note that:

A non-exhaustive list of interim remedies is set out at Rule 25.1. Note, in particular:

An application for an interim remedy can be made before or after a claim has been commenced in accordance with Part 7 or 8 of the RDC, and sometimes even after judgment has been given (Rule 25.6).

Interim remedies are only granted before a claim is commenced if the court is satisfied on the evidence put before it that either (Rule 25.7(2)):

A defendant to a claim can only apply for an interim remedy once it has filed an acknowledgment of service in accordance with RDC Part 11 or a defence in accordance with Part 16.

An order sometimes sought by defendants (after they have acknowledged service or filed a defence) is an order for security for costs (Rules 25.97 to 25.113). Although not defined as orders for interim relief, security for costs orders are similar in nature as they give the defendant a temporary security for its costs of defending proceedings pending their conclusion.

Applications for interim remedies need to be made primarily in accordance with the terms of Part 23 of the RDC (applications) and Part 25 (interim remedies). Other parts of the RDC also need to be followed, particularly those concerning evidence (Part 29).

Generally, the applicant must file an application notice with the court (Rule 23.2). Court Form P23/01 (Application Notice) can be used.

The application notice must then be served on the party against whom the order is sought. The rules for service are found at Part 9 of the RDC.

The court's permission is generally required for an application to be made without serving an application notice on the respondent (Rule 23.6). Permission is commonly given where secrecy is necessary or where the urgency of the situation makes the giving of formal notice impractical.

Rule 25.8 mirrors Rule 23.6 in that it provides that the court can grant an interim remedy on an application made without notice "if it appears to the Court that there are good reasons for not giving notice".

In cases of urgency, but where secrecy is not required, the court may direct that informal notice be given instead of allowing the application to be heard without the respondent being given an opportunity to be present.

Permission to dispense with formal notice may also be given where the party to whom notice is to be given waives formal notice, or where the court believes that the overriding objective is best furthered by dispensing with formal notice (Rule 23.6).

Rules 23.22 and 23.23 set out what information an application notice should generally include. The application notice should clearly articulate what exact order is sought and why it is sought. A draft order should be included with the application.

An application for an interim remedy must be supported by filed evidence, unless "the Court orders otherwise" (Rule 25.9).

The evidence filed in support of an application that is made without notice must state the reasons why notice has not been given (Rule 25.10). It is crucial that any evidence filed in support of an application made without notice includes any disclosures required by Rule 23.11, which provides that: "On all applications without notice it is the duty of the applicant and those representing him to make full disclosure of all matters relevant to the application including, in particular, disclosure of any possible defences that may be available to the respondent in response to the application".

Rules 25.20 and 25.21 specify the form of evidence required when an injunction is being sought. The most serious injunctions (freezing orders and search orders) need to be supported by evidence in the form of a sworn affidavit. Most other injunctions need only be supported by evidence given in the form of a witness statement.

Rule 29.82 identifies who may administer the oath necessary for an affidavit.

The form that a witness statement or an affidavit must take is set out in detail at Part 29 (Evidence). The general rule is that except at trial, evidence is presented to the court by means of a witness statement, with documents exhibited to it as necessary (Rule 29.2).

In less complicated applications, a statement of evidence may be inserted in Part C of Form P23/01 and documents exhibited to it.

Where a statement of case has already been filed in the proceedings, it may be used as the evidence in support of the application.

Witness statements, application notices and statements of case must all contain a statement of truth. The rules regarding statements of truth are set out at Part 22.

The application notice should identify whether the applicant believes an oral hearing is needed and if so, how long the hearing will need to be. Any application for an interim injunction or similar remedy requires an oral hearing (Rule 23.9).

While the Registrar has power to grant interim remedies (Part 3), his power to grant certain interim injunctions (such as freezing orders and search orders) is limited (Rules 3.3.3 to 3.3.7). In most cases an application for an interim remedy is heard by a judge.

In relation to an "ordinary" application, that is, one that is not expected to take more than two hours, the respondent must file and serve its evidence in answer 14 days after it was served with the application (Rule 23.42). The applicant is given seven days in which to file any evidence in reply to the respondent's answer. For a "heavy" application, that is, an application expected to take more than two hours, time allowed for the answer and reply is essentially doubled (Rule 23.47).

As with any application under Part 23, the court generally requires that before the hearing date it receives an application "bundle", a reading list and each party's skeleton argument and legal authorities.

Following the disposal of an application made without notice, the order made and the original application notice and evidence relied on must be served on any party or other person against whom the order was made and against whom the order was sought (Rules 23.91 to 23.93). Such persons have seven days from the date the order was served on them to apply to have the order set aside or varied. Where possible the parties should seek to agree reasonable variations.

If the interim remedy granted without notice is an injunction, the provisions of Rule 25.25 apply. As a result, the order will state a "return date", being a date on which both parties are required to attend before the court so that full argument can be heard for and against the making of the order. Ordinarily the date is three working days after the order was made. The parties can agree to extend this period.

An order for an injunction must include an undertaking by the applicant to serve the application notice, evidence and order on the respondent as soon as possible (Rule 25.25(2)). The court may also require that it include an undertaking to immediately provide full notes of the hearing to any party that would be affected by the relief sought.

Where the court has granted an interim remedy before a claim has been commenced, it may give directions requiring a claim to be commenced (Rule 25.7). However, it need not do so where the application was for the pre-action production of property or documents.

The schedule of definitions in the RDC (Part 2) defines an injunction as "a court order prohibiting a person from doing something or requiring a person to do something".

The main types of injunctions are:

Prohibitory/negative injunction. This orders a party to refrain from acting in a particular manner. Applications for these are relatively common.

The leading English decision as to when an interlocutory injunction should be granted is the House of Lords' decision in American Cyanamid Co v Ethicon Ltd [1975] A.C. 396. However, there have been many cases following American Cyanamid and various exceptions to it have emerged.

According to the guidelines set out in American Cyanamid, when deciding whether to exercise its discretion and grant an interim injunction, the court cannot carry out a "mini-trial" to decide whether or not the claimant's legal rights will be breached if no order is made. The court merely needs to be satisfied on the evidence that the claimant's case is not frivolous, in other words it has to be persuaded that there is "a serious question to be tried".

Assuming that the court is persuaded that there is a serious issue to be decided, the House of Lords in American Cyanamid suggests that three questions should be addressed before an injunction is granted:

It has been said that on an application for an interim injunction, the object of the court is to preserve the status quo to the extent justice requires that and to avoid pre-judging the outcome of the eventual trial.

Mandatory injunction. This requires a party to take certain actions. Applications for these are less common. Courts are reluctant to grant these for fear of causing irreparable harm.

The freezing order. This is the interim order described in the RDC as "an order (a) restraining a party from removing from the jurisdiction assets located there; or (b) restraining a party from dealing with any assets whether located within the jurisdiction or not" (Rule 25.1(6)).

Applications for domestic orders are more common than "worldwide" orders. Freezing orders can be easier to obtain at a without-notice hearing than to retain at an on-notice return date hearing.

The DIFC Court of Appeal (CA 001/2018) has described the requirements for the grant of a freezing order. It has held that it must be shown that:

Note that:

Search order. This is an order "requiring a party to admit another party to premises for the purpose of preserving evidence" (Rule 25.1(8)).

The applicant must demonstrate a very strong prima facie case that it would suffer serious potential/actual damage if the order is not granted. It must also produce clear evidence that the respondent has relevant property or documents and that there is a real possibility of this being destroyed before the return date.

The order is executed by an independent "Supervising Legal Representative" appointed by the applicant. Once he has allowed the Supervising Legal Representative onto the premises, the respondent may ask him to delay the search for up to two hours to allow legal advice to be obtained.

The respondent may ask the Supervising Legal Representative to take custody of privileged or incriminating documents and to withhold them from the search to be undertaken by the applicant's representatives.

The applicant must give a cross-undertaking in damages to the court. Breach of a search order is punishable as a contempt of court.