PART 1Citation, commencement, application and the overriding objective
These Rules may be cited as The Rules of the Dubai World Tribunal 2011 and may be abbreviated to “RDWT 2011”.
Commencement and application
These Rules are made pursuant to Article 3 of Section 3 of the Schedule to 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 (“the Tribunal Decree”).
These Rules apply to all proceedings before the Tribunal (“the Tribunal”) established in accordance with Article 2 of the Tribunal Decree, as amended by Decree No. 11 of 2010, including proceedings before any special judicial panel of the Tribunal established pursuant to Article 2(c) of the Tribunal Decree as amended by Decree No.11 of 2010.
These Rules come into force on the date of their signature by the Chairman of the Tribunal.
The overriding objective
These Rules have the overriding objective of enabling the Tribunal to deal with cases justly. Dealing with a case justly includes, so far as is practicable:
(1) ensuring that the parties are on an equal footing;
(2) saving expense;
(3) dealing with the case in ways which are proportionate –
(a) to the amount of money involved;
(b) to the importance of the case;
(c) to the complexity of the issues; and
(d) to the financial position of each party;
(4) ensuring that it is dealt with expeditiously and fairly; and
(5) allotting to it an appropriate share of the Tribunal’s resources,
while taking into account the need to allot resources to other cases.
Application by the Tribunal of the overriding objective
The Tribunal must seek to give effect to the overriding objective when it (1) exercises any power given to it by these Rules; or (2) interprets any Rule subject only to the public interest.
Duty of the parties
The parties are required to help the Tribunal to further the overriding objective.
Tribunal’s duty to manage cases
The Tribunal must further the overriding objective by actively managing cases including:
(1) encouraging the parties to co-operate with each other in the conduct of the proceedings;
(2) identifying the issues at an early stage;
(3) deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others;
(4) deciding the order in which issues are to be resolved;
(5) encouraging the parties to use an alternative dispute resolution procedure if the Tribunal considers that appropriate and facilitating the use of such procedure;
(6) helping the parties to settle the whole or part of the case;
(7) fixing timetables or otherwise controlling the progress of the case;
(8) considering whether the likely benefits of taking a particular step justify the cost of taking it;
(9) dealing with as many aspects of the case as it can on the same occasion;
(10) dealing with the case without the parties needing to attend before the Tribunal;
(11) making use of technology; and
(12) giving directions to ensure that the trial of a case proceeds quickly and efficiently.