Strategic Work Plan 2022 – 2024 (English)

Strategic Work Plan 2022 - 2024

Cultivating justice for global business

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Executive introduction

Judicial excellence Service excellence

Innovation

Connectivity

EXECUTIVE INTRODUCTION

I welcome you to the DIFC Courts Strategic Work Plan 2022 – 2024.

When looking at global legal infrastructures, it becomes apparent that the challenges for commercial dispute resolution run much deeper than superficial procedural obstacles. Perceptions need to change from the Courts as a concrete building to a trustworthy service provider. Dispute resolution needs to be more about providing a service – helping people resolve problems they can’t work out themselves.

Adopting user-friendly procedures, reinforcing the overall courts experience is crucial as a steppingstone to building trust. Effective and lessexpensive access to dispute resolution procedures and regulatory systems need to work in tandem with governments that ensure the rule of law is being honoured.

Encapsulated within a four-pillar mandate, our new three (3) year Strategic Work Plan ensures a continued push to integrate the highest international standards of legal procedure and accessibility to court services, thus ensuring business certainty, flexibility and efficiency expected by the global institutions operating in, with and from Dubai and the UAE.

Traditional legal systems often increase fear and anxiety in claimants and defendants across the globe. The physical nature of a traditional court room has allowed for a perception of being a place that is out of touch and too traditional to solve complex and far-reaching disputes. In some cases, this is further amplified by systems that are often outdated, hindered by a shortfall in attempts to adopt modern, practical technology.

There is discussion in recent times of artificial intelligence and how it can revolutionise the legal sector. At a very practical level, some dispute

resolution centres are failing to even introduce intelligent automation. It has caused many courts around the world to lag in solving disputes, including arbitration, mediation, or private sector resolutions.

So, the obvious question is: what will the courts of the future look like? We can already say with some certainty that technology will enable them to bridge barriers of language, borders, jurisdiction and currency. For example, AI can reduce clerical burdens, help streamline the case review methodology, create a realistic virtual presence, remove document duplications, and unlock time to take on significantly more complex tasks.

This new era of legal technological disruption, working to replace outdated processes with digital technology, is the key to creating real legal efficiency, even during these uncertain times. We start by ensuring that our court systems are smart, hyperconnected and nimble enough to keep pace with global commerce.

The DIFC Courts plays an important role in supporting Dubai’s status as a global business hub by engendering trust, confidence, and certainty.

Responding to today’s dynamic fast-evolving world, we drive initiatives toward judicial excellence; service excellence; connectivity; and innovation.

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Since inception, the DIFC Courts offers a uniquely international and experienced bench able to deal with the most complex transnational disputes.

Studies have shown that a well-run and diverse judiciary can have a very real impact on economic growth, with markets with effective commercial justice regimes estimated to grow half a percentage point faster than those without.

We were the first court in the world accredited to the International Standards for Service Excellence (TISSE). Research has shown that the better the service a court offers, the higher the chance of the parties settling, which must be the driving preference behind any dispute resolution mechanism. The perception of justice in the market has as much to do with how people view the journey through the courts, as the decision at the end.

Formalising links with our colleagues across the UAE and the world brings additional certainty to business and enables us to support legal excellence through swift enforcement procedures.

The interest charged on loans, for instance, is influenced by the risk of a default not being enforced by domestic courts. Evidence suggests that the disparity between credit rates in markets with good commercial courts to those without is as much as 200 basis points.

The current coronavirus pandemic has propelled the world into a new, digitally reliant era as

people adapt to remote working. Public and private entities have implemented and introduced various digital mediums to stay connected with clients and customers, ensuring that business can continue and, ultimately, that the economy can be strengthened in these difficult times.

Technology has been central to the DIFC Courts’ operating model since starting operations over a decade ago and we have been leading the way when it comes to innovation, which has enabled us to transition mindsets from ‘courts-as-a-place’ to ‘courts-as-a service’.

Expectations from the private sector increasingly require the bold engagement of public service. We have invested enormously in emerging technologies to stay ahead of the curve. Instant access to information has perhaps had the biggest influence on the way we run our operations, particularly vital within the legal sector, where hordes of data need to be easily available.

The DIFC Courts’ ambition, through continued outreach to global judicial systems, is to contribute to creating a level-playing field between individuals and businesses, by re-engineering the way access to justice is designed and delivered. Increased digital platforms, paperless processes and virtual hearings are all now becoming the new reality.

We continue our drive towards full digital transformation and equipping our court users with the most advanced tools, creating legal security in

an era of technological disruption. By combining a modern and flexible digital infrastructure with judicial and service excellence, the DIFC Courts now represents the new benchmark for international commercial courts.

We understand this is a difficult time for people and have listened to feedback from the public. Our mandate as a courts service is to provide choice through service excellence, cultivating justice for global business. By harnessing innovation, it is our hope that future technological implementations can also bring some added ease of process and comfort to the public when engaging courts services.

H.E. Justice Omar Al Mheiri Director, DIFC Courts

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JUDICIAL EXCELLENCE The jurisdiction of choice in the Middle East region and beyond, providing certainty for business through the development of a mature body of case law and the delivery of globally enforceable judgments.

Digital Economy Court

Launch of a new Court dedicated to disputes across areas of the emerging digital economy, including devices, data, and processes.

Specialised Divisions

The creation of new specialised IP and Space Divisions will be explored

Enforcement Network Initiative

Creation and maintenance of a global network of contacts from enforcement personnel of Courts around the world

Emiratisation Development for Judicial Excellence (EDJE)

Recruitment, management and retention of top Emirati talent and future leaders

Internship Programme

Placement of students and graduates into formal DIFC Courts Registry and Operations internship programmes

Consolidated and streamlined Guidance Notes (CGNs) and Practical Guidance Notes (PGNs) The CGN will be a publication compiling all PGNs to strengthen and streamline Registry procedural practice with interpretative notes on the Rules and DIFC laws

Registry Secondment Programme

To support law firms, companies, entities, or other organisations to nominate a secondee from their business to spend three (3) to six (6) months in the DIFC Courts’ Registry Team

Expansion of international and Emirati judges

Further recruitment of globally renowned overseas and Emirati judges to join the DIFC Courts bench

Launch of Mediation Service

To help ensure parties attempt to settle their dispute before litigating (to save time, costs, and, preserve commercial relationships), the DIFC Courts will endeavour to launch a Mediation Service

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SERVICE EXCELLENCE Raising the benchmark for agile, swift and seamless customercentric access to justice.

UAE Will Depository

A unique Will repository platform powered by cryptography and blockchain technologies

Expansion of stakeholder Committees

Development and expansion of Committees to ensure increased efficiency of cost and time for cases

Internal and external body audits

Increased audits to ensure level and sophistication of our processes best support services to the public

Autonomous and asynchronised Will registrations

Creation of advanced artificial intelligence system to allow testators and witnesses to be verified using facial recognition and voice verification

Multi-lingual Pro Bono Programme online consultations portal Introduction of a translation service that will be made available through the online portal for multi-lingual legal advice

Pro Bono Programme SME workshops

To support the UAE’s SME sector, the Pro Bono Programme shall seek to provide free legal advice and workshops to SMEs

Mystery shopper surveys

Increased spot checks and surveys to optimise the efficiency of services through public feedback and recommendations

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INNOVATION Harnessing cutting-edge technologies and innovation to create real legal efficiency and certainty.

Virtual courts with 360° e-capability

Providing court users with greater choice and flexibility across core service offerings, with over 80% of hearings to be held virtually

Digital Assets Will

Case Management System (CMS) 3.0

Court Tech Lab initiative

Courts of Space initiative

A digital wallet built on zero-knowledge proof technologies to store digital assets

Harnessing the established framework and talent pool from Dubai Future Accelerators, a yearly competition cycle will invite start-ups, scale-ups and innovative SME participants to submit and present new and viable court technology solutions

Attestation and Certification Service Customer-centric, self-service based innovative attestation and certification of documents after verification and authorisation

Unified, upgraded, and all-inclusive system for all service offerings under DIFC Courts

The launch of the project signals to the international space community the intent of the UAE to play a leading role in advancing its judicial systems to specifically direct capacity and capability to commercial space-related disputes

Unified Customer Relationship Management (CRM) system Unified and centralised integration to identify, communicate, cross reference and better serve all court users

Courts of the Blockchain initiative

To explore how to aid verification of court judgments for national and cross-border enforcement, as well as streamlining judicial processes, removing document duplications, and driving greater efficiencies across the entire legal ecosystem

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CONNECTIVITY Leveraging national, regional, and global strategic alliances across the UAE’s major trading partners worldwide.

Increased relations with national courts

To reinforce national partnerships within the UAE and foster continued dialogue for more streamlined enforcement processes from one court to another

Memoranda of Understanding with national, regional, and international entities and institutions To promote the DIFC Courts as the jurisdiction of choice and increase business opt-ins by engaging private sector global businesses and sectors, as well as government and semigovernment entities

Increased relations with regional courts

To strengthen relationships and raise awareness with Ministries of Justice, the Supreme Councils of the Judiciary, commercial courts, judicial institutes, lawyer training agencies and arbitration centres across the MENA region

Memoranda of Guidance with global civil and common law courts

One of the world’s strongest enforcement regimes through new memoranda with leading international jurisdictions across major UAE trade partners

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