This Practice Direction will come into effect on the date of issue. It may be cited as ‘Tribunal Practice Direction No. 1 of 2012 Jurisdiction (clarification). It may be abbreviated to TPD001/2012.
1. H.E. Dr. Lowai Mohammed Belhoul has informed me, as Chairman of the Dubai World Tribunal, as follows:
(1) “Law No. 32 of 2008 tasks the Department [of Legal Affairs] with, amongst other things, issuing legal interpretation of local legislation applicable in the emirate of Dubai. Accordingly, we confirm that Nakheel is no longer a subsidiary of Dubai World as defined by Decree No. 3 of 2006 (as amended).”
(2) “….ownership of Nakheel was transferred from Dubai World to the Dubai Financial Support Fund on 23 August 2011.”
(3) ” Therefore, in accordance with the legal interpretation issued by the Department, as of 23 August 2011 all cases relating to Nakheel, including those filed with respect to the enforcement of arbitration awards, should be filed with the Dubai Courts, or the alternate competent dispute resolution forum.”
2. Any application made to the Tribunal as described in paragraphs (4) – (6) of Practice Direction No. 3 of 2011 shall take the above interpretation into account.
3. On hearing any such application the Tribunal will continue to distinguish between proceedings commenced in the Tribunal before, and after, 23 August 2011.
On behalf of the Tribunal
Sir Anthony Evans, Chairman 29 May 2012