DIFC COURTS WORK PLAN - 2018

Work Plan 2018

Table of Contents Message from the Chief Justice

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Judicial Excellence

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Connectivity

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Service Excellence

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Innovation

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Judiciary and Registry

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Chief Justice

Michael Hwang SC Singapore Michael Hwang SC is a graduate of Oxford University and a former law teacher at the University of Sydney and University of Singapore.

In 1997, he was appointed as one of the first 12 Senior Counsel (SC) of the Supreme Court of Singapore (a status equivalent to that of Queen’s Counsel in England). In 1999, he was elected a Member of the American Law Institute and served as a Visiting Professor to the National University of Singapore teaching advocacy and commercial arbitration.

Between 2000 and 2003, he served as a Commissioner of the United Nations Compensation Commission (UNCC) based in Geneva, a body set up under the Security Council to assess claims against Iraq arising from the first Gulf War.

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Welcome to the DIFC Courts’ Work Plan 2018 It gives me great pleasure in briefing you on our plans for the year ahead. This year is a year of continuity. We are now mid-way through our five-year strategic plan and we will maintain our road map to success in the same direction as we have done in previous years.

Just to remind you, we have four cardinal themes on how we have planned the Courts’ mission. First is judicial excellence; second, we aim for connectivity worldwide; third, we aim at service excellence; and finally, we always bear in mind that, to achieve service excellence, we need to rely very heavily on innovation.

We stick to these major aims for a simple reason - they work. I would like to give you a sneak preview of our results of last year. Courts of First Instance cases increased by 17% as compared to 2016. Small Claims Tribunal cases increased by 67% over the figures for 2016. And, if we go back a bit further and compare 2017 to 2014, our SCT figures have tripled.

One of the possible causes for this increase is that we increased the jurisdiction of the Small Claims Tribunal (SCT). So, in a sense, we cannibalised the market potential for our CFI, but despite that, CFI cases have increased, and SCT has gained tremendous importance, possibly beyond what Sir Anthony Evans envisaged when he first introduced the system. Therefore, we must be doing something right.

This time next year, I will no longer be Chief Justice; I will reach the statutory retirement age of 75 in the last quarter of this year. This is not the time for a farewell speech as I intend to do lot more in this last year. But I mention it to connect to the celebration of our 10th anniversary of going fully operational as a court. Let me now give more details of what we intend to do in each of our chosen fields of endeavour.

Michael Hwang Chief Justice

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Judicial Excellence 1. First and possibly the most important – judicial excellence. Our success as a court is

above all due to the high quality of our bench over these last ten years. We have an independent, learned, and experienced bench that has earned trust and confidence, both locally and globally. We intend to maintain and improve on the quality of justice, not only through our senior judges, but also through the work of our registrars and judicial officers.

2. Our courts must dispense justice in a manner that will conform with our KPIs and give our users a service that will leave all users satisfied with the manner and efficiency in which the case has been handled, even if one or more of them may be unhappy about its outcome.

3. Amna Al Owais has assumed the role of Chief Executive and Registrar of the DIFC

Courts, with Mark retaining the position of Consultant Registrar for the purposes of continuity. Mark will also continue his role as Chief Executive of the DRA until the end of September, at which time Amna, who is now Deputy Chief Executive of the DRA, will succeed Mark. Accordingly, Amna’s responsibilities will be increasingly focused on DRA operations during this transition.

4. This in turn means that the Registry needs a new Deputy Registrar. We have been

interviewing candidates for the post which was once held by Amna herself. I am happy to announce that we have identified an outstanding candidate. Nour Kirk is an Arab Australian fluent in Arabic and is an experienced dispute resolution practitioner, both in her native Australia, as well as Dubai. Her portfolio will include maintaining the momentum of our existing measures, which aim at ensuring increasing efficiency in our services through the combination of technology and human experience. She will also focus on professional development and supporting UAE nationals to pursue senior careers within the DIFC Courts.

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5. Turning now to the Small Claims Tribunal, the SCT will continue to enhance the

Smart SCT Initiative and build on streamlining the user experience. We introduced a new Case Management System in 2017, which now permits the SCT process to be fully automated. In 2018, we will launch a new DIFC Courts mobile app, and that will be tested and launched with a dedicated portal section for SCT users.

6. Another development was the launch of the new Technology and Construction

Division (TCD) in the second half of last year. This division will continue to hear complex cases of commercial disputes involving technology and construction.

The new division draws on judges from our bench with professional experience in that field. We have also launched a new set of industry-specific rules designed to fast-track our dispute resolution process, and this will provide greater efficiency and speedy resolution of such disputes. Sir Richard Field has been appointed to oversee this division and he brings 20 years of experience in handling complex commercial disputes, including construction and technology in the London courts.

In 2018, we will continue our work to ensure the success of this division.

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7. This year we will also explore ADR

mechanisms, such as mediation and the development of ad-hoc tribunals to assist large infrastructure and construction developments contracts. Such a service will help reduce costly and lengthy disputes and reduce the impact on large-scale, time-sensitive projects. The purpose of this service would be to enable parties to resolve emerging disputes quickly and amicably. We are adopting a new name for this service called ‘Conflict Avoidance’.

8. We have to remember that the DRA has

a mandate to explore the whole world of dispute resolution solutions. We will continue to explore and improve all methods of dispute resolution, including mediation and other similar techniques. DIFC Courts are already well established in the world of international litigation. Our arbitration centre is also showing great promise after its relaunch two years ago. It is now time to pursue the development of other modes of ADR, including, in particular, the world of mediation.

9. In early 2018 we issued Registrar’s Direction No. 1 of 2018, which highlights Part 27 of the Rules of the DIFC Courts. Part 27 used to be titled ‘Justice by Reconciliation’ and has now been renamed ‘Alternative Dispute Resolution’. The Practice Direction reminds practitioners to be aware of alternative methods of dealing with cases and, in particular, there is a schedule in Part 27 granting the court power to issue an order requiring each party to a case, to submit a list of three neutral persons who might then oversee the particular process of ADR which is chosen.

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Connectivity 1. Now we move on to the next big pillar, which is connectivity. This has been an integral part of our strategy in seeking to be recognised as one of the world’s leading commercial courts.

2. This year we will aim to reinforce national partnerships within the UAE. In 2017

we were successful in finally completing a round of MOUs with all the other emirates.

Now we are going beyond the Emirates into individual free zones and organisations within Dubai and elsewhere. We will first cement regional relationships and connect with more global commercial courts to maintain the strongest enforcement regime.

At the end of the day, what we are aiming for is (for cases that come to our courts and end up with judgments) to ensure that those judgments will be enforceable in places where they need to be enforced.

3. This year we will continue to promote the DIFC Courts as the jurisdiction of choice

and increase business opt-ins by engaging Dubai’s free zones, as well as large-scale infrastructure initiatives, such as the Expo 2020. We hope to establish partnerships that promote the DIFC Courts as a preferred or exclusive default jurisdiction for dispute resolution, by whatever means.

4. The ease of enforcement remains the vital consideration for those who choose to use our courts. Throughout 2018 we will be working closely with other UAE courts to ensure that it remains smooth and streamlined.

5. A Court Bailiff will be appointed this year to assist with all enforcement-related

matters in and outside of DIFC. We will also further foster our close relationship with Dubai Courts, and look at areas of mutual cooperation to achieve service excellence.

We will focus on areas of common interest, for example, customer care, collaboration in areas of general marketing and communications, and jointly cooperate on initiatives for the Year of Zayed. We will also be working with other government agencies to celebrate the Year of Zayed to mark the great achievements of the founder of the UAE.

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6. We will work on connecting with other GCC partners to promote the mutual

understanding of each other’s laws and judicial processes. Globalisation means not only connecting with other courts simply to sign MOUs and have exchanges between us on areas of common interest, but to actively pursue the knowledge of each other’s laws and procedure.

7. This year we will be pursuing partnerships with other common law jurisdictions like

Canada and Ireland, as well as enhancing judicial relations with courts in France and the newly formed Netherlands Commercial Court. As you may have heard, some of the other European countries, like Germany, are also starting to establish commercial courts and, where there is a commercial court, we will be there at the head of the queue to say: how about linking up with us as well?

8. We have a division called DRA Advisory Services, which markets our services to other countries and helps other jurisdictions establish a similar model of commercial court.

I think by now you all must have heard that we have been instrumental in assisting in Kazakhstan in setting up the new Astana International Financial Centre.

9. There was a soft launch of this financial centre in January 2018, with the formal launch scheduled for July 2018. But that’s just the first project. We are talking to interested parties in Latin America, Africa, and in Europe. Therefore, there is a lot of room for the development of our expertise and our reputation.

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10. These relationships are not just with other courts; we are also maintaining, through

the Academy of Law, links with other institutions and tertiary institutions, to develop intellectual partnerships, which involve the study of law. We are looking particularly at those countries which have more than one legal tradition in their legal system.

Canada has a very good example, in Quebec. We will be making some studies of the Quebec system, where they teach trans-systemic law, meaning that in certain Canadian universities, students are taught subjects on a twin tradition basis.

11. We would like to develop a greater understanding within our own jurisdiction of the two legal traditions that govern Dubai. How do you bring the civil lawyer in Dubai into the common law, for them to at least understand our system, and then eventually to enable them to practise in our Courts? The other thing is that having DIFC Courts hear a case is one matter but, when we have cases in our courts, very often the applicable law is UAE law, and we common law lawyers need to understand these civil laws much better.

Now we are short of materials on UAE law, in English - this is one of the projects we would like to start before the end of this year as an investment for the future.

12. We will increasingly be looking east, and in particular at developing further relations

with China; that’s a country on which we place high priority. For our part we have already signed an MoU with the Shanghai High Court. Technically, Dubai or the UAE, is not on the One Belt, One Road (OBOR) route, but that does not prevent us from having a stake in it. We could be involved in OBOR through our expertise in combining two legal systems.

13. Back home, we have also concluded a MoU with Dubai Healthcare City Authority in

January, and we are working on another MoU with Dubai Design & Fashion Council to offer SCT services in mediation.

14. We have to touch on Decree 19 of 2016 and the Joint Judicial Committee. It has proved challenging for us, as well as Dubai Courts, to arrive at unanimous decisions regarding alleged conflicts of jurisdiction between our two courts. We understand that there may be further legislative dimensions to clarify the provisions of this legislation.

15. And finally, the continuing collaboration between the DIFC Courts and the Academy

of Law. This year our two institutions are going to work together to launch the DIFC Advocates Emirati Programme. This initiative, in conjunction with the Dubai Legal Affairs Department (LAD), will provide education in three elements; (a) foundations of English common law, (b) DIFC Laws and DIFC Courts Rules and Procedure; and (c) practical elements of advocacy skills. In this, Emirati lawyers with civil law backgrounds will have the opportunity to seek registration with the DIFC Courts, with the opportunity to represent Emirati as well as international clients.

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16. On November 8, we will launch our 10th anniversary publication. This publication will

celebrate those who worked hard over the years to make the Courts what they are today. The yearly Gala Dinner will take place on the same evening, also providing an important platform for the UAE legal community, who will come together to celebrate the decade-long achievements of DIFC Courts.

17. Let us now turn to the new Dubai Law No. 15 of 2017; the law of Administering Non-

Muslims Estates in Dubai and Execution of Wills. This came into force at the beginning of this year. We have reworked the structure of the Wills and Probate Registry (WPR), which is now called the DIFC Wills Service Centre, with the DIFC Courts establishing a separate Registry for non-Muslims.

18. The purpose of this law is to have a uniform law for non-Muslim Wills in the UAE,

which can apply both onshore in Dubai and offshore in the DIFC. The aim of this legislation is to streamline the probate process between DIFC Courts and Dubai Courts with our Wills, which have been probated in the DIFC Courts, going across to Dubai Courts for implementation. We know that there have been teething problems with that transition and recognition process, but we are hoping that the process will be much smoother in 2018 than it was last year.

19. We are also expanding the range of our offerings, and the potential user base of

the non-Muslim community for our products. We now offer numerous online Will templates, including the Freezone Company Will and the Financial Assets Will. We have a first-of-its-kind Virtual Registry, which enables people who are eligible non-residents and investors living outside the UAE, to create, register and witness a Will online via video conferencing from anywhere in the world.

20. Another very exciting development is the relationship we have been able to build up

with Ras Al Khaimah. The government there is very interested in us as a means of enhancing their own products and what they have to offer to the business community in overseas investment and trade. And so, we are working in close cooperation with them to develop certain programmes, one of which is the Wills service. The Academy of Law is playing a big part in developing this relationship, where we deliver wide-ranging knowledge transfer and human capital development initiatives in 2018.

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Service Excellence

1. And now we move into service excellence, which is our third pillar. We can only continue

to maintain and enhance our reputation as one of the world’s leading commercial courts by achieving the highest standards of service. This year we are going to implement ISO: 9001 quality management system as part of our improvement to our internal processes to better serve our users. Service is very much at the forefront of our thinking.

2. In 2017, we were selected to join the Executive Committee of the International

Consortium for Court Excellence (ICCE), which is a global organisation, concerned with developing standards of excellence in courts on a global basis.

3. To build on this achievement, we have already earned a very high rating from the UAE Government in its government excellence programme. We are now aiming for a higher rating.

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4. In conjunction with the ICCE, we are going to host the ICCE conference in Dubai in November this year. That conference will focus on court excellence and the use of technology to improve user experience.

5. And in September this year, we will participate at the annual conference of the other

international court administration organisation, the International Association for Court Administration (IACA). This conference will be held in Brazil. We actually held one of their conferences in Dubai a few years ago, at which point Mark Beer joined the executive committee, and Mark will assume the Presidency of IACA later this year.

His Excellency Justice Ali Al Madhani of the DIFC Courts will continue his role as Chairman of IACA Middle East.

6. Service excellence initiatives will continue throughout the year in making DIFC

Courts more user-centric and efficient. We will continue to conduct quarterly mystery shopping surveys; we must be the only court in the world that does this.

7. We also want to ensure that no phone call goes unanswered that every email received

is responded to promptly and properly. We have always achieved customer satisfaction scores above 80%, and we want to get that average higher to 90% this year.

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Innovation

1. Finally, a big word on innovation. We can only remain among the world’s leading

commercial courts by being among the most innovative. We intend to remain at the forefront and, because we are small and nimble, we can adopt innovative measures more quickly, subject to budget constraints.

2. Some of you may remember that in September last year we launched the Courts of

the Future Forum. We have embarked on a new initiative, in cooperation with Dubai Future Foundation, to create this future forum which will consider new ways to oversee disruptive technology in the administration of justice. We have launched a worldwide global consultation, and, in February 2018, the Forum will discuss how the forum mandate will evolve to extend this initiative to other global commercial courts, and to engage specialised technology sector participation.

3. The most advanced court with future technology, in terms of prototype, in the

world at the moment is Hangzhou, China. Why Hangzhou? It’s the headquarters of Alibaba. Alibaba have been working on technology in courts for several years, and that will continue. Accordingly, we announced in 2017 a collaboration with Hangzhou Arbitration Commission to work on areas of mutual interest where technology is concerned. We also penned in 2017 an agreement with Microsoft to develop a number of products that might be useful for courts globally.

4. Now, in line with Dubai’s vision to make this a smart city, and to make use of

sophisticated technology to provide better public services, we have developed a new in-house web-based Case Management System (CMS). We have built on our existing e-Registry capabilities, and the new system enables users to access case management information from their mobile phones, tablets and other electronic devices in real time. To further CMS initiatives for 2018, DIFC Courts will introduce electronic bundles of documents for use in court to reduce the carbon footprint. This will also allow our numerous court users to access information from multiple locations.

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6. This year we will also explore options to introduce a test-pilot blockchain enforcement scheme in conjunction with other government entities in Dubai.

7. Finally, in order to allow businesses to resolve disputes more expediently, the SCT has

introduced the option to use direct and instant messaging to give defendants notice.

With initial adoption across SCT, we are proposing to extend this in 2018 under the CFI. E-service will include other forms of electronic service, possibly via Facebook and other social media platforms. In addition, we are opening a public consultation in 2018 to introduce a mechanism to allow parties before the CFI to receive notice, as a matter of right, through email.

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Judiciary and Registry

Deputy Chief Justice

Sir David Steel United Kingdom Justice Sir David Steel was appointed as a Judge of the DIFC Courts in 2011. In May 2016 after five years of service with the DIFC Courts, Justice Sir David Steel was named the new Deputy Chief Justice.

Prior to this, Justice David Steel served as a Judge of the High Courts on the Queen’s Bench Division from 1998 onwards. Justice David Steel was appointed as Judge of the Commercial Court and an Admiralty Judge from 1998 onwards. He also served as a Judge in Charge of the Commercial Court in the High Court of London from 2006 to 2008 having been the Presiding Judge of the Western Circuit from 2002 to 2006.

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H.E. Justice

Omar Juma Al Muhairi United Arab Emirates H.E. Justice Omar Juma Al Muhairi was appointed as a Senior Judicial Officer at the DIFC Courts in August 2005. H.E. Justice Omar Juma Al Muhairi brings to the DIFC Courts an in-depth knowledge of the workings of the Dubai judicial system.

In 1994, H.E. Justice Omar Juma Al Muhairi was appointed as a Prosecutor for Dubai Public Prosecution and served until 1998. In 1998, he was appointed by the Ruler of Dubai to serve as a Judge in the Dubai Courts. During his tenure as a Judge, H.E. Justice Omar Juma Al Muhairi dealt with a large number of major criminal, commercial and civil cases.

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Justice

Roger Giles Australia Justice Roger David Giles was appointed a Judge of the Supreme Court of New South Wales in 1988, and sat in the Commercial Division becoming Chief Judge of that Division in 1994. In 1998, he was appointed to the Court of Appeal, from which he retired in December 2011.

Justice Giles graduated in Arts (1961) and Law (1965, Hons 1) from Sydney University and holds a Bachelor of Civil Law (1968, Hons 1) from Oxford University.

He served articles of clerkship and was a solicitor at a Sydney firm before going to the New South Wales Bar in 1971. During the early years of his career, he lectured and tutored at Sydney University.

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H.E. Justice

Ali Shamis Al Madhani United Arab Emirates In January 2008, H.E. Ali Shamis Al Madhani was sworn in as a Judge of the DIFC Courts, and in April 2008, he was appointed and sworn in as a Judge of the DIFC Court of Appeal, DIFC Courts. He was later appointed as a member of the Joint Committee of the Dubai Courts.

He began his judicial career in 1994 as a Public Prosecutor for Dubai Public Prosecution and served until 1998. In 1998, he was appointed by the Ruler of Dubai to serve as a Judge in the Dubai Courts. During his tenure as a Dubai Courts’ Judge, he was adjudicated over a large number of major commercial, criminal and civil cases.

H.E. Justice Ali Shamis Al Madhani is the Current Chairman of the Middle East Board for Courts Administration under the International Association for Court Administration (IACA).

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Justice

Tun Zaki Azmi Malaysia Justice Tun Zaki Azmi joined the DIFC Courts in December 2013. He retired as the Chief Justice of Malaysia in September 2011, upon reaching the retirement age of judges of the superior courts in Malaysia. His greatest achievement as the 12th Chief Justice was to clear the outstanding backlog of cases affecting the Malaysian Courts and to reduce the hearing time for newly filed cases, an achievement recognised by the World Bank.

He held the post of Chief Justice of Malaysia for three years, having previously served as the President of the Court of Appeal. He was elevated directly as a Federal Judge on September 5, 2007.

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H.E. Justice

Shamlan Al Sawalehi United Arab Emirates H.E Justice Shamlan Al Sawalehi has the breadth and depth of experience and knowledge on international financial service disputes in both Common and Civil Law systems. He joined the DIFC Courts in 2010 as a Judicial Officer before becoming a Small Claims Tribunal Judge, then a Court of First Instance Judge and a Judge of the DIFC Court of Appeal, DIFC Courts.

H.E Justice Shamlan holds a master’s degree with merits in International Commercial Law from Westminster University in the UK, a higher diploma with honours in Advanced Legal and Judicial Studies from the Dubai Judicial Institution, and a bachelor’s degree with distinction in Shari’a and Law from the UAE University.

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Justice

Sir Richard Alan Field United Kingdom Justice Sir Richard Alan Field was appointed as a Judge of the DIFC Courts in January 2015. A British national, he most recently served as Judge in Charge of the Commercial Court in London, which deals with complex cases arising from business disputes, with a particular emphasis on international trade, banking, commodities, and arbitration disputes.

Justice Field was called to the Bar in 1977 and appointed Queen’s Counsel in 1987.

He served as a Deputy Judge of the High Court of Justice from 1997 to 2002 and as Justice of the High Court of England and Wales from 2002 to 2014, including as Presiding Judge on the Western Circuit between 2008 and 2012.

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Justice

Sir Jeremy Cooke United Kingdom Sir Jeremy Cooke is a graduate of St Edmund Hall, Oxford from 1967 to 1970 and has an MA first class honours degree in Jurisprudence.

Sir Jeremy Cooke was an articled clerk with Speechly Mumford and Soames from 1971 to 1973 and admitted as a solicitor in 1973. He was called to the Bar in 1976, is a Droop Scholar from Lincoln’s Inn, and practised at the Commercial Bar, specialising in Commercial Court and Arbitration work. He served as a High Court Judge in Queen’s Bench Division from 2001 and was then appointed to the Commercial Court in 2003.

Justice Jeremy Cooke was appointed as a Judge of the DIFC Courts on April 13, 2016.

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Justice

Judith Prakash Singapore Justice Judith Prakash was appointed Judge of the DIFC Courts in March 2017, a position she holds concurrently with her position as a Judge of Appeal of the Supreme Court of Singapore. Justice Prakash joined the Supreme Court of Singapore as Judicial Commissioner in 1992 before becoming Judge in 1995. She was appointed Judge of Appeal in August 2016.

Justice Prakash is held in high esteem within the international legal community and specialises in complex commercial cases, arbitration, company, and trust law. She also chairs the Singapore Academy of Law’s Law Reform Committee and Publications Committee, and is the co-chair of the Medical Litigation Review Committee, tasked to address the challenges in medical litigation.

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Chief Executive and Registrar

Amna Sultan Al Owais United Arab Emirates

Amna joined the DIFC Courts in 2006. She became the Chief Executive and Registrar in 2017 and Deputy Chief Executive of the Dispute Resolution Authority in 2014.

She is also the Registrar of the Special Tribunal related to Dubai World, Chairwoman of the DIFC Courts’ Users’ Committee and a member of the Consulting Council for the University of Sharjah College of Law. In 2014, after an extensive selection process Amna was selected to join the Mohammed Bin Rashid Centre for Leadership Development (MBRCLD) in the Young Leaders category.

Amna has played a key part in the establishment and development of the DIFC Courts and the creation of the Dispute Resolution Authority in 2014. She spearheaded the establishment of the DIFC Courts’ Pro Bono Programme launched in 2009, which is the first scheme of its kind in the Middle East. In 2011, Amna was recognised by the International Bar Association as one of the top three young lawyers in the world.

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Deputy Registrar

Nour Hineidi Kirk Australia Nour Hineidi Kirk was appointed as Deputy Registrar of the DIFC Courts in February 2018.

Nour’s main role is to work in tandem with the Registrar, helping to ensure seamless operation of the Courts. Her duties include maintaining the momentum of existing Registry measures, which aim at ensuring increasing efficiency through the accomplishment of technology and human experience. She also focuses on professional development and supporting UAE nationals to pursue senior careers within the DIFC Courts. In addition, Nour consults with the DIFC Courts judges to assist them in carrying out their duties.

Prior to joining the Courts, Nour practiced in the Dubai office of a large international firm. She has over ten years legal experience in Australia and the Middle East, with her expertise concentrated in international commercial arbitration and litigation across a broad range of sectors.

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Work Plan 2018

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