This Practice Direction will come into effect on the date of issue. It may be cited as „Tribunal Practice Direction No. 1 of 2013 – Limitless Jurisdiction’. It may be abbreviated to TPD 001/2013.
I hereby direct as follows:
(1) Decree No. 57 of 2009 issued by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the U.A.E. and Ruler of Dubai, defines the jurisdiction of the Tribunal by reference to Dubai World and its subsidiaries (Article 3(1), and Amending Decree No. 11 of 2010).
(2) The Tribunal has been informed that Limitless World LLC and its subsidiaries (“Limitless”) ceased to be part of the Dubai World Group with effect from 22January 2013: on that basis of fact –
(i) issues as to the jurisdiction of the Tribunal may arise in proceedings brought by or against Limitless;
(ii) the Tribunal will determine any Application that may be made to it, on notice and in proper form, with regard to its jurisdiction over Limitless either (1) in any projected proceedings, or (2) in any existing proceedings;
(iii)as regards (1) (projected proceedings), I have instructed the Registry to raise the jurisdiction issue with intended Claimants, and the Tribunal is likely to require that an Application under paragraph 2 (ii) above be made at the outset of such proceedings;
(iv)as regards (2) (existing proceedings), pending its determination of any Application made under paragraph 2 (ii) above, the Tribunal will continue to exercise jurisdiction in any existing proceedings commenced before 22 January 2013.
(3) Further, H.E. Dr. Lowai Mohammed Belhoul, Director General of the Government of Dubai Legal Affairs Department (“H.E. Director General”), has advised me as Chairman of the Dubai World Tribunal –
“Decree strictly applies to companies that are part of the Dubai World Group. Consequently, following the separation of Limitless from the Dubai World Group, these companies are no longer under the jurisdiction of Decree 57, with effect from the date of the legal separation of these companies from the Dubai World Group, which is 22 January 2013”.
(4) Any application made to the Tribunal as described in paragraph 2 (above) shall take H.E. Director General‟s above advice into account.
On behalf of the Tribunal
(Sir Anthony Evans, Chairman) 18 September 2013