PART 2

Interpretation

Authentic text and language of proceedings

2.1

The English text is the authentic text of these Rules.

2.2

Unless otherwise ordered by the Tribunal, all proceedings before the Tribunal shall be conducted in the English language.

2.3

All documents required to be filed or served in accordance with these Rules shall be written in the English language.

2.4

When it issues any judgment, order or direction, the Tribunal may direct a party or parties to prepare and/ or agree a translation and lodge a copy with the Tribunal Registry and/ or serve a copy on any other party or person.

2.5

In the event of any inconsistency between different versions of any judgment, order or direction the English version shall prevail, unless the Tribunal orders otherwise.

2.6

The Tribunal may order that an interpreter be provided for the benefit of a party who does not speak or understand English.

Definitions

2.7

Unless the context otherwise requires, the words and expressions set out in the Schedule to this Rule shall have the respective meanings assigned to each of them for all purposes in connection with these Rules.

Rules of interpretation

2.8

In these Rules, a reference to:
(1) a person includes any natural person, body corporate or body unincorporate, including a company, partnership, unincorporated association, government or state;
(2) the masculine gender includes the feminine;
(3) an obligation to publish or cause to be published a particular document shall, unless expressly provided otherwise in these Rules, include publishing or causing to be published in printed or electronic form.

2.9

The headings in these Rules shall not affect their interpretation.

2.10

References to legislation in these Rules shall be construed in accordance with the following provisions:
(1) References to:
(a) DIFC Law No (3) of 2009 concerning the law of Insolvency;
(b) The Regulations issued by the Board of Directors of the DIFCA Concerning DIFC Insolvency Regulation;
(c) DIFC Law No (10) of 2004 Concerning the Court of the DIFC; shall be references to those laws as applied to proceedings before the Tribunal pursuant to Article 4 of the Tribunal Decree and as amended by the Schedule to the Tribunal Decree;
(2) legislation includes rules or regulations made under legislation;
(3) reference to a statutory provision includes a reference to the statutory provision as amended or re-enacted from time to time.

Time

2.11

All dates shall be ascertained in accordance with the Gregorian calendar.

2.12

All time shall be expressed in Gulf Standard Time (“GST”).

2.13

A period of time expressed as a number of days shall be computed as clear days. “Clear days” means that in computing the number of days –
(1) the day on which the period begins; and
(2) if the end of the period is defined by reference to an event, the day on which that event occurs are not included.

2.14

Where the specified period –
(1) is 5 days or less; and
(2) includes a day which is not a Business Day in Dubai that non-Business Day does not count.

2.15

Where the specified period is 6 days or more, all calendar days shall be counted.

2.16

When the period specified –
(1) by these Rules; or
(2) by any judgment or Tribunal order, for doing any act at the Tribunal Registry ends on a day on which the Tribunal Registry is closed, that act shall be in time if done on the next day on which the Tribunal Registry is open.

Dates for compliance to be calendar dates and to include time of day

2.17

Where the Tribunal gives a judgment, order or direction which imposes a time limit for doing any act, the last date for compliance must, wherever practicable –
(1) be expressed as a calendar date; and
(2) include the time of day by which the act must be done.

2.18

Where the date by which an act must be done is inserted in any document, the date must, wherever practicable, be expressed as a calendar date.

Meaning of  ‘month’ in judgments, etc.

2.19

Where ‘month’ occurs in any judgment, order, direction or other document, it means a calendar month.

Time limits may be varied by parties

2.20

Unless these Rules provide otherwise or the Tribunal orders otherwise, the time specified by a Rule or Practice Direction or by the Tribunal for a person to do any act may be varied by the written agreement of the parties and the Tribunal.

 

Schedule to Part 2

A. Terms & Definitions

Affidavit: A written, sworn statement of evidence.

Assessor: An expert or specialist appointed under Article 3(a)(4) of the Tribunal Decree, as amended by Decree 11 of 2010.

Attorney General: The Attorney General of the Government of the Emirate of Dubai

Base Rate: The 1 month Emirates Interbank Offer Rate (EIBOR)

Business Day: A normal working day in Dubai.

Tribunal Chairman: The person appointed by the Ruler as Chairman of the Dubai World Tribunal.

Claim for personal injuries: Proceedings in which there is a claim for damages in respect of personal injuries to the claimant or any other person or in respect of a person’s death, and ‘personal injuries’ includes any disease and any impairment of a person’s physical or mental condition.

Claimant: A person who makes a claim.

Contribution: A right of someone to recover from a third person all or part of the amount which he himself is liable to pay.

Counterclaim: A claim brought by a defendant in response to the claimant’s claim, which is included in the same proceedings as the
claimant’s claim.

Cross-examination: Questioning of a witness by a party other than the party who called the witness.

Damages: A sum of money awarded by the Tribunal as compensation to the claimant.

Defence of tender before claim: A defence that, before the claimant started proceedings, the defendant unconditionally offered to the claimant the amount due or, if no specified amount is claimed, an amount sufficient to satisfy the claim.

Defendant: A person against whom a claim is made.

DIFC: The Dubai International Financial Centre.

Dubai World Tribunal or the Tribunal: The tribunal established in accordance with Article 2 of the Tribunal Decree, as amended by Decree 11 of 2010. Where a claim has been allocated to a Judicial Panel, references to the Tribunal shall include reference to the judicial panels, unless a rule or practice direction states otherwise.

Dubai Courts: The Emirate of Dubai Courts established pursuant to Dubai Law No.3 of 1992 in respect of the Formation of the Courts
in Dubai.

The Emirate: The Emirate of Dubai.

Evidence in chief: The evidence given by a witness for the party who called him.

Filing: In relation to a document, means delivering it, by post or otherwise, to the Registry.

The Government: The Government of the Emirate of Dubai.

Indemnity: A right of a person to recover from a third party the whole amount which he himself is liable to pay, which amount may
further include such person’s legal fees and costs.

Injunction: A Tribunal order prohibiting a person from doing something or requiring a person to do something.

Joint liability: Parties who are jointly liable share a single liability and each party can be held liable for the whole of it.

Judicial Panel: A special judicial panel consisting of one or more judges established by the Tribunal Chairman pursuant to Article 2(c) of the Tribunal Decree (as amended by Decree 11 of 2010) to determine a claim or claims within the jurisdiction of the Tribunal.

Jurat: The jurat of an affidavit is a statement set out at the end of the document which authenticates the affidavit. The general form of jurat is set out in the Schedule to Part 29.

Justice by Reconciliation: Collective description of methods of resolving disputes otherwise than through the normal trial process.
Limitation period: The period within which a person who has a right to claim against another person must start Tribunal proceedings to establish that right. The expiry of the period may be a defence to the claim.

Legal Representative: A person authorised to issue and conduct proceedings or to appear before the Tribunal on behalf of others (as the context requires) who has been instructed to act for a party in relation to a claim.

Official copy: A copy of an official document supplied and marked as such by the Registry.

Privilege: The right of a party to refuse to disclose a document or produce a document or to refuse to answer questions on the ground of some special interest recognised by law.

Registrar or Tribunal Registrar: Registrar appointed under Article 5(5) of the Tribunal Decree.

Registry: The Registry of the Dubai World Tribunal.

Ruler: H.H. Ruler of the Emirate of Dubai.

Rules or Rules of Tribunal: The Rules of the Tribunal or any re-enactment or modification thereof (“the RDWT”).

Seal: A seal is a mark which the Tribunal puts on a document to indicate that the document has been issued by the Tribunal.

Service: Steps required by the Rules of the Tribunal to bring documents used in Tribunal proceedings to a person’s attention.

Set aside: Cancelling a judgment or order or a step taken by a party in the proceedings.

Several liability: A person who is severally liable with others may remain liable for the whole claim even where judgment has been obtained against the others.

The State or UAE: The United Arab Emirates.

Statement of Case: (1) A claim form, particulars of claim where these are not included in a claim form, defence, additional claim notice, or reply to defence; and
(2) Any formal written further information given in relation to a statement of case, whether given voluntarily or by Tribunal order.

Stay: A stay imposes a halt on proceedings, apart from taking any steps allowed by the Rules or the terms of the stay.
Proceedings can be continued if a stay is lifted.

Strike out: Striking out means the Tribunal ordering written material to be deleted so that it may no longer be relied upon.

Tribunal Decree: The Dubai Decree No. 57 for 2009 Establishing a Tribunal to decide the Disputes Related to the Settlement of the Financial Position of Dubai World and its Subsidiaries, together with any amendments, as amended by Decree No. 11 of 2010.

Tribunal Member or Members: The Tribunal Chairman, any Tribunal members appointed under Article 2 of the Tribunal Decree, as amended by Decree No. 11 of 2010 and any members of a Judicial Panel.

Tribunal Officer: A member of the Tribunal staff.