The Jurisdiction of the DIFC Courts

The Jurisdiction of the DIFC Courts

Hosted by Hafidh Thani

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Podcast available on

In this episode, we take a deep dive into the jurisdiction of the Dubai International Financial Centre (DIFC) Courts, a unique legal body operating within the UAE’s broader judicial framework. We discuss how the DIFC Courts’ jurisdiction is established under Dubai Law No. 12 of 2004, with exclusive authority defined in Article 5A(1) and the opt-in provision outlined in Article 5A(2).

This podcast unpacks key scenarios where the DIFC Courts have jurisdiction, such as disputes involving DIFC entities or contracts negotiated within the DIFC, and explores the flexibility provided by opt-in provisions for parties outside the DIFC to resolve disputes in these courts.

We also discuss how the DIFC Courts coexist with the UAE’s federal laws and courts, the role of party autonomy in jurisdictional agreements, and the implications for foreign direct investment (FDI), legal certainty, and the rule of law in the UAE. Whether you’re a legal practitioner, business leader, or someone keen on understanding the interplay between UAE federal and DIFC laws, this episode provides valuable insights.

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Jurisdictional Overview of DIFC Courts

In this section, we provide an overview of the DIFC Courts’ jurisdiction, explaining the legal foundations set by Dubai Law No. 12 of 2004. We cover the exclusive jurisdiction provisions and the opt-in options available for parties, highlighting the importance of the DIFC Courts in resolving disputes within the UAE’s broader legal context. This section offers key insights into how the DIFC Courts operate and their role in fostering legal certainty and foreign direct investment (FDI) in the region.