PART 3

Organisation of the Tribunal

I TRIBUNAL MEMBERS, MEMBERS OF JUDICIAL PANELS, THE REGISTRAR AND TRIBUNAL STAFF

Power of Tribunal Members and members of Judicial Panels to perform functions of the Tribunal

3.1 

Save where RDWT 3.1 applies, trials of claims within the jurisdiction of the Tribunal may only be conducted by all of the Members of the Tribunal sitting together. The Tribunal shall issue its decisions and orders by unanimous or majority vote of its Members.

3.2 

Where the claim has been allocated to a Judicial Panel, a trial of that claim may only be conducted by that Judicial Panel in accordance with the Rules applicable to that Judicial Panel, as set out in these Rules or in any Tribunal Order or Practice Direction.

3.3 

Where these Rules provide for the Tribunal to perform any act then, save as set out in RDWT 3.1 and 3.2 above, and except where an enactment, Rule or Practice Direction provides otherwise, that act may be performed by any Tribunal Member or by any member of the Judicial Panel to which the claim has been allocated.

The Registrar

3.4 

The Registrar may make the orders specified in Rules 3.8 to 3.11. Wherever the Registrar has jurisdiction, he may refer the matter to a Tribunal Member or to a member of the Judicial Panel to which the claim has been allocated instead of dealing with it himself.

3.5 

Subject to Rules 3.8 and 3.9, search orders (Rule 25.1(8)), freezing orders (Rule 25.1(6)), an ancillary order under Rule 25.1(7) and orders authorising a person to enter land to recover, inspect or sample property (Rule 25.1(4)) may only be made by a Tribunal Member or by a member of the Judicial Panel to which the claim has been allocated.

3.6 

Where the Tribunal has made a freezing order under Rule 25.1(6) and has ordered a person to make a witness statement or affidavit about his assets and to be cross-examined on its contents, unless the Tribunal directs otherwise, the cross-examination may take place before the Registrar, or if a Tribunal Member or the Registrar directs, before an examiner of the Tribunal.

3.7 

Except where paragraphs 3.8, 3.9 or 3.10 apply, injunctions and orders relating to injunctions, including orders for specific performance where these involve an injunction may not be made by the Registrar.

3.8 

Except where paragraph 3.9 or 3.10 applies, the Registrar may only make an injunction:

(1) in cases of urgency where no Tribunal Member or member of the Judicial Panel to which the claim has been allocated can be made available within the timescale requested by the applicant and then only

(a) if the Registrar considers it necessary in the interests of justice; and

(b) to the extent necessary to preserve the status quo until such time as a Tribunal Member or member of the Judicial Panel to which the claim has been allocated can be made available; or

(2) in terms agreed by the parties.

3.9 

The Registrar may make an order varying or discharging an injunction or undertaking given to the Tribunal if all parties to the proceedings have consented to the variation or discharge.

3.10

Restrictions on the trial jurisdiction of the Registrar do not prevent him from hearing applications for immediate judgment.

3.11 

Subject to Rules 3.4 to 3.10 and to any other Rule or Practice Direction, the Registrar may exercise the chambers jurisdiction of the Tribunal. In particular, the Registrar may:

(1) Carry out the case management functions of the Tribunal, including hearing and deciding applications for immediate judgment and applications to strike out statements of case

(2) Hear and decide applications under Rule 26.3 (reconsideration by the Tribunal of a direction as to how the claim will be determined);

(3) Hear and decide applications for judgment in default;

(4) Subject to Rules 3.4 to 3.10, hear and decide applications for interim remedies;

(5) Determine the rate of payment of a judgment pursuant to Rules 15.39 to 15.48;

(6) Hear and determine applications relating to Part 32 Offers;

(7) Conduct detailed assessments of costs; and

(8)    Hear claims in costs only proceedings in accordance with Rule 38.50.

3.12 

For the avoidance of doubt, the Registrar may not hear and determine applications disputing the jurisdiction of the Tribunal under Part 12. Such applications will normally be heard by a single Member of the Tribunal.

Tribunal staff

3.13 

Where these Rules require or permit the Tribunal to perform an act of a formal or administrative character, that act may be performed by a Tribunal Officer.

3.14 

A requirement that a Tribunal Officer carry out any act at the request of a party is subject to the payment of any fee required by a fees order for the carrying out of that act.

II PRACTICE DIRECTIONS

3.15 

Directions as to the practice and procedure of the Tribunal may be made by the Tribunal Chairman.

3.16 

These Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions.

3.17 

The power of the Tribunal Chairman to make directions under Rule 3.15 includes power to vary or revoke directions made by him or any other person, and to make different provision for different cases or different areas, including different provision for a specific Judicial Panel.

3.18 

References in Rules 3.15 and 3.17 to the Tribunal Chairman include any person authorised by him to act on his behalf.

III TRIBUNAL DOCUMENTS

Tribunal documents to be sealed

3.19 

The Tribunal must seal the following documents on issue:

(1) all process issued by the Tribunal;

(2) any order issued by the Tribunal; and

(3) any other document which a Rule or Practice Direction requires it to seal.

3.20 

The Tribunal may place the seal on the document

(1) by hand; or

(2) by printing a facsimile of the seal on the document whether electronically or otherwise.

3.21 

A document purporting to bear the Tribunal’s seal shall be admissible in evidence without further proof.

Tribunal documents to be signed

3.22 

The following documents must be signed on issue by a Tribunal Member or the Registrar or by a Tribunal Officer acting with the authority of the Registrar:

(1) all process issued by the Tribunal;

(2) any order issued by the Tribunal; and

(3) any other document which is required by a Rule or Practice Direction to be so signed.

IV VENUE AND SITTINGS

Tribunal’s discretion as to where it deals with cases

3.23 

The Tribunal may, with the consent of the parties, deal with a case at any place that it considers appropriate and may at any stage of the proceedings direct that:

(1) the proceedings or a part of the proceedings be conducted or continued at a place specified in the order, subject to such conditions as the Tribunal may impose;

(2) the Tribunal Decree shall continue to apply to the proceedings in that venue; and

(3) these Rules shall continue to apply.

Tribunal Office

3.24 

The Tribunal Office is located at the Ground Floor, Building 4, Gate District, Dubai, UAE.

Sittings of the Tribunal

3.25 

Sittings of the Tribunal will take place on dates to be published on the Tribunal’s website (www.dubaiworldtribunal.ae) and on such other dates as may be specified by the Tribunal or the Registrar on its behalf.

3.26 

When it appears to the Tribunal to be in the interest of justice the Tribunal may hear an application by video link, telephone, electronic device or other appropriate means. Attention is drawn to the Video-conferencing Protocol and the guidance on telephone hearings at Schedules B and C to Part 23.

3.27 

Sittings of the Tribunal will take place in the DIFC Court Room at the DIFC Court premises, located at the Ground Floor, Building 4, The Gate District, Dubai, UAE or in any other place designated by the Tribunal for the purpose.

 

V COMMUNICATING WITH THE TRIBUNAL BY E-MAIL

3.28 

Guidance on communicating with the Tribunal by e-mail is set out in the Schedule to this Part.

 

Schedule to Part 3