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DIFC Courts Practice


ISBN13: 9781788970211
Published: May 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £249.00



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The DIFC Courts Practice is the definitive guide to the practice and procedure of the courts of the Dubai International Financial Centre (DIFC), which is now firmly established as a leading international commercial court.

This major new work is endorsed by the DIFC Courts as the official companion to the rules of the DIFC. Written by a team of leading practitioners in the field, it includes the rules of the Court themselves as well as detailed commentary and incisive narrative discussion.

The first Part contains an introduction to the Court and its jurisdiction, together with a survey of recent developments of DIFC law covering jurisdiction, conduit enforcement, the Joint Judicial Committee, arbitration, contract law and other areas of substantive law, procedure, appeals and conversion of judgments. The second Part comprises the full text of the rules along with expert commentary on their application and interpretation, with comprehensive analysis of all relevant case law.

This indispensable book will be an essential resource for all those involved in litigation in the DIFC Courts, arbitration seated in the DIFC and the enforcement in the DIFC and onshore Dubai of judgments and arbitral awards from other jurisdictions.

Subjects:
Other Jurisdictions , Middle East
Contents:
PART 1 - NARRATIVE:
1. Jurisdiction
2. Conduit enforcement
3. The Joint Judicial Committee
4. Arbitration
5. Substantive law
6. Procedure
7. Appeals
8. Conversion of Judgments into awards
PART 2– RULES AND COMMENTARY:
Part 1 - Citation, Commencement, Application and the Overriding Objective
Part 2 - Interpretation
Part 3 - Organisation of the Court
Part 4 - The Court’s Case Management Powers
Part 5 - Forms
Part 6 - Court Documents
Part 7 - How to Start Proceedings — The Claim Form
Part 8 - Alternative Procedure for Claims
Part 9 - Service
Part 10 - Responding to Particulars Of Claim — General
Part 11 - Acknowledgment Of Service
Part 12 - Disputing The Court’s Jurisdiction
Part 13 - Default Judgment
Part 14 - Setting Aside Or Varying Default Judgment
Part 15 - Admissions
Part 16 - Defence And Reply
Part 17 - Statements Of Case
Part 18 - Amendments To Statements Of Case
Part 19 - Further Information
Part 20 - Addition And Substitution Of Parties
Part 21 - Counterclaims And Other Additional Claims
Part 22 - Statements Of Truth
Part 23 - General Rules About Applications For Court Orders
Part 24 - Immediate Judgment
Part 25 - Interim Remedies And Security For Costs
Part 26 - Case Management
Part 27 - Alternative Dispute Resolution
Part 28 – Production Of Documents
Part 29 - Evidence
Part 30 - Witnesses, Depositions And Evidence For Other Courts
Part 31 - Experts And Assessors
Part 32 - Offers To Settle
Part 33 - Payments Into Court
Part 34 - Discontinuance
Part 35 - Miscellaneous Provisions Relating To Hearings
Part 36 - Judgments And Orders
Part 37 - Change Of Legal Representative
Part 38 - General Rules About Costs
Part 39 - Fixed Costs
Part 40 - Procedure For Detailed Assessment Of Costs
Part 41 - Proceedings By Or Against The Centre, Its Bodies And The Government
Part 42 - Judicial Review
Part 43 - Arbitration Claims
Part 44 - Amended Appeals
Part 45 - General Rules About Enforcement Of Judgments And Orders
Part 46 - Charging Orders, Stop Orders And Stop Notices
Part 47 - Attachment Of Future Assets And Earnings
Part 48 - Execution Against Assets
Part 49 - Court’s Power To Appoint A Receiver
Part 50 - Orders To Obtain Information From Judgment Debtors
Part 51 - Interpleader
Part 52 - Contempt Of Court
Part 53 - Small Claims Tribunal
Part 54 - Insolvency Proceedings
Part 55 - Probate Rules
Part 56 - Technology And Construction Division
Part 57 - Non-Muslim Wills Registry
Index