DIFC courts practice

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Bibliographic Information

DIFC courts practice

edited by Rupert Reed QC, Tom Montagu-Smith QC

Edward Elgar, c2020

  • : cased

Available at  / 2 libraries

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Note

Includes bibliographical references and index

"Published in association with the DIFC Courts"

Description and Table of Contents

Description

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.

Table of Contents

Contents: Foreword by Justice Sir Richard Field viii Foreword by Chief Justice Tun Zaki Bin Azmi x Preface xii PART A DEVELOPMENTS IN DIFC LAW 1. Jurisdiction 2 James Weale, Serle Court 2. Conduit enforcement 30 Harris Bor, Twenty Essex 3. The Joint Judicial Committee 34 Harris Bor, Twenty Essex 4. Arbitration 48 Gregor Hogan, Serle Court 5. Substantive law 85 Matthew Watson, XXIV Old Buildings and Jonathan McDonagh, Serle Court 6. Procedure 125 Dan McCourt Fritz, Serle Court 7. Appeals 148 Harris Bor, Twenty Essex 8. Conversion of judgments into awards 165 Harris Bor, Twenty Essex PART B RULES AND COMMENTARY Part 1 Citation, commencement, application and the overriding objective 168 Part 2 Interpretation 171 Part 3 Organisation of the Court 178 Part 4 The Court's case management powers 185 Part 5 Forms 202 Part 6 Court documents 203 Part 7 How to start proceedings-the claim form 209 Part 8 Alternative procedure for claims 214 Part 9 Service 219 Part 10 Responding to particulars of claim-general 235 Part 11 Acknowledgment of service 236 Part 12 Disputing the Court's jurisdiction 239 Part 13 Default judgment 243 Part 14 Setting aside or varying default judgment 248 Part 15 Admissions 252 Part 16 Defence and reply 259 Part 17 Statements of case 263 Part 18 Amendments to statements of case 271 Part 19 Further information 274 Part 20 Addition and substitution of parties 280 Part 21 Counterclaims and other additional claims 293 Part 22 Statements of truth 301 Part 23 General rules about applications for Court orders 306 Part 24 Immediate judgment 325 Part 25 Interim remedies and security for costs 336 Part 26 Case management 374 Part 27 Alternative dispute resolution 388 Part 28 Production of documents 390 Part 29 Evidence 406 Part 30 Witnesses, depositions and evidence for other Courts 426 Part 31 Experts and assessors 436 Part 32 Offers to settle 462 Part 33 Payments into Court 469 Part 34 Discontinuance 471 Part 35 Miscellaneous provisions relating to hearings 474 Part 36 Judgments and orders 487 Part 37 Change of legal representative 500 Part 38 General rules about costs 504 Part 39 Fixed costs 532 Part 40 Procedure for detailed assessment 536 Part 41 Court rules 544 Part 42 Judicial review 548 Part 43 Arbitration claims 557 Part 44 (Amended) Appeals 570 Part 45 General rules about enforcement of judgments and orders 605 Part 46 Charging orders, stop orders and stop notices 610 Part 47 Attachment of future assets and earnings 622 Part 48 Execution against assets 635 Part 49 Court's power to appoint receiver 644 Part 50 Orders to obtain information from judgment debtors 651 Part 51 Interpleader 656 Part 52 Contempt of Court 661 Part 53 Small Claims Tribunal 667 Part 54 Insolvency proceedings 682 Part 55 Rules of the DIFC Courts relating to probate claims and claims relating to the administration of estates 714 Part 56 Technology and construction division 723 Part 57 Non-Muslim Wills Registry 730 Calendars 2020-2023 731 Index 735

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