PART 40

Proceedings by or against the Centre, its Bodies and the Government

Scope of this Part

40.1     This Part contains rules for civil proceedings brought before the Tribunal to which the Centre or any of the Centre’s Bodies or the Government is a party.

Application of the Rules of the Dubai World Tribunal

40.2     These Rules apply to civil proceedings brought before the Tribunal to which the Centre, any of the Centre’s Bodies or the Government is a party unless this Part, a Practice Direction or any other enactment provides otherwise.

I     ACTIONS INVOLVING THE CENTRE, ANY OF THE CENTRE’S BODIES OR THE GOVERNMENT – GENERAL

Action on behalf of the Centre, any of the Centre’s Bodies or the Government

40.3     Where by reason of a Rule, Practice Direction or Tribunal order the Centre, any of the Centre’s Bodies or the Government is permitted or required –

(1)     to make a witness statement,

(2)     to swear an affidavit,

(3)     to verify a document by a statement of truth;

(4)     to make a disclosure statement; or

(5)     to discharge any other procedural obligation,

that function shall be performed by an appropriate officer acting on behalf of the Centre, any of the Centre’s Bodies or the Government .

40.4     The Tribunal may if necessary nominate

Counterclaims, other additional claims, and set-off

40.5     In a claim by the Centre, any of the Centre’s Bodies or the Government for taxes, duties or penalties, the defendant cannot make a counterclaim or other additional claim or raise a defence of set-off.

40.6     In any other claim by the Centre, any of the Centre’s Bodies or the Government, the defendant cannot make a counterclaim or other additional claim or raise a defence of set-off which is based on a claim for repayment of taxes, duties or penalties.

40.7     In proceedings by or in the name of the Attorney-General, no counterclaim or other additional claim can be made or defence of set-off raised without the permission of the Tribunal.

40.8     In proceedings by or against the Centre, any of the Centre’s Bodies or the Government in the name of one Centre Body or Government department, no counterclaim or other additional claim can be made or defence of set-off raised without the permission of the Tribunal unless the subject-matter relates to that Centre Body or Government department.

II    SERVICE ON THE CENTRE AND ITS BODIES

40.9     The persons to be served on behalf the Centre and its bodies, their addresses for service and manner(s) in which service must be effected are set out in Schedule A to this Part.

III    SERVICE ON THE GOVERNMENT

40.10     Notice of intention to commence proceedings must be served on the Government at least 15 days before proceedings are served.

40.11     The Tribunal may reduce or dissapply the period of notice under Rule 40.10 on the application of the party intending to serve proceedings on the Government.

40.12     Application for an order under Rule 40.11 must be made after issue of a claim form but may be made without notice.

40.13     The persons to be served on behalf of the Government and its departments, their addresses for service and manner(s) in which service must be effected are set out in schedule B to this Part.