Tribunal Rules

I GENERAL RULES ABOUT SERVICE

Part 9 Rules about service apply generally

9.1

The Rules in this Section of this Part apply to the service of documents in Dubai, except where

(1) any other enactment, a Rule in another Part, or a Practice Direction makes a different provision; or

(2) the Tribunal orders otherwise.

9.2

In this Rule, a reference to Dubai includes reference to the DIFC.

Methods of service – General

9.3

A document may be served by any of the following methods

(1) personal service, in accordance with Rules 9.8 to 9.13;

(2) courier (or an alternative service which provides for delivery on the next Business Day);

(3) leaving the document at a place specified in Rules 9.15 to 9.21;

(4) by means of electronic communication.

9.4

Where a document is to be served by electronic means

(1) the party who is to be served or his legal representative must previously have expressly indicated in writing to the party serving –

(a) that he is willing to accept service by electronic means; and

(b) the fax number, e-mail address or electronic identification to which it should be sent;

(2) the following shall be taken as sufficient written indication for the purposes of sub-paragraph (1) above –

(a) a fax number set out on the writing paper of the legal representative of the party who is to be served; or

(b) a fax number, e-mail address or electronic identification set out on a statement of case or a response to a claim filed with the Tribunal;

(3) the party seeking to serve the document should first seek to clarify with the party who is to be served whether there are any limitations to the recipient’s agreement to accept service by such means including the format in which documents are to be sent and the maximum size of attachments that may be received;

(4) the address for service given by a party must be within Dubai and any fax number must be at the address for service. Where an e-mail address or electronic identification is given in conjunction with an address for service, the e-mail address or electronic identification will be deemed to be at the address for service;

(5) the party serving the document need not in addition send a hard copy by mail.

Who is to serve

9.5

The party on whose behalf a document is to be served shall serve that document except where

(1) a Rule provides that the Tribunal must serve the document in question;

(2) a Practice Direction provides otherwise;

(3) the Tribunal orders otherwise; or

(4) the party has failed to serve and has sent a notice of non-service to the Tribunal.

9.6

Where the Tribunal is to serve a document, it is for the Tribunal to decide which of the methods of service specified in Rule 9.3 is to be used.

9.7

Where a party prepares a document which is to be served by the Tribunal, that party must file a copy for the Tribunal, and for each party to be served.

Personal service

9.8

A document to be served may be served personally, except as provided in Rules 9.9 and 9.10.

9.9

Where a legal representative

(1)is authorised to accept service on behalf of a party; and

(2)has notified the party serving the document in writing that he is so authorised,

a document must be served on the legal representative, unless personal service is required by an enactment, Rule, Practice Direction or Tribunal order.

9.10

In civil proceedings brought before the Tribunal to which the Centre, any of the Centre’s Bodies or the Government is a party, documents required to be served on the Centre, any of the Centre’s Bodies or the Government may not be served personally.

9.11

A document is served personally on an individual by leaving it with that individual.

9.12

A document is served personally on a company or other corporation by leaving it with a person holding a senior position within the company or corporation. Each of the following persons is a person holding a senior position:

(1) in respect of a registered company or corporation, a director, the treasurer, secretary, chief executive, manager or other officer of the company or corporation, and

(2) in respect of a corporation which is not a registered company, in addition to those persons set out in sub-paragraph (1), the mayor, chairman, president, town clerk or similar officer of the corporation.

9.13

A document is served personally on a partnership where partners are being sued in the name of their firm by leaving it with

(1) a partner; or

(2) a person who, at the time of service, has the control or management of the partnership business at its principal place of business.

Address for service

9.14

Except as provided by Section III of this Part, a document must be served within Dubai.

9.15

A party must give an address for service within Dubai.

9.16

Where a party –

(1) does not give the business address of his legal representative as his address for service; and

(2) resides or carries on business within Dubai,

he must give his residence or place of business as his address for service.

9.17

Any document to be served –

(1) by courier (or an alternative service which provides for delivery on the same or next Business Day);

(2) by leaving it at the place of service; or

(3) by means of electronic communication,

must be sent or transmitted to, or left at, the address for service given by the party to be served.

9.18

Where –

(1) a legal representative is acting for the party to be served; and

(2) the document to be served is not the claim form;

the party’s address for service is the business address of his legal representative.

9.19

Where

(1) no legal representative is acting for the party to be served; and

(2) the party has not given an address for service,

the document must be sent or transmitted to, or left at, the place shown in the following table.

Nature of party to be served Place of service
 Individual  Usual or last known residence.
 Proprietor of a business

 Usual or last known residence; or

 Place of business or last known place of business.

 Individual who is suing or being sued in the name of a firm

 Usual or last known residence; or

 Principal or last known place of business of the firm.

 Corporation incorporated in Dubai other than a company

 Principal office of the corporation; or

Any place within Dubai where the corporation carries on its activities and which has a real connection with the claim.

 Company registered in Dubai

 Principal office of the company; or

Any place of business of the company within Dubai which has a real connection with the claim.

 Any other company or corporation

 Any place within Dubai where the corporation carries on its activities; or

 Any place of business of the company within Dubai.

9.20

Rules 9.14 to 9.19 do not apply where an order made by the Tribunal under Rule 9.28 (service by an alternative method) specifies where the document in question may be served.

9.21

A party or his legal representative who changes his address for service shall give notice in writing of the change as soon as it has taken place to the Tribunal and every other party.

Service of documents on the Centre, any of the Centre’s Bodies or the Government

9.22

Service on the Centre, any of the Centre’s Bodies or the Government must be effected in accordance with Part 40.

Service of documents on children and patients

9.23

The following table shows the person on whom a document must be served if it is a document which would otherwise be served on a child or a patient –

Type of Document Nature of Party Person to be served
Claim form  Child who is not also a patient

 One of the child’s parents or guardians; or

If there is no parent or guardian, the person with whom the child resides or in whose care the child is.

 Claim form  Patient

 The person authorised to conduct the proceedings in the name of the patient or on his behalf; or

If there is no person so authorised, the person with whom the patient resides or in whose care the patient is.

9.24

The Tribunal may make an order permitting a document to be served on the child or patient, or on some person other than the person specified in the table in Rule 9.23.

9.25

An application for an order under Rule 9.24 may be made without notice.

9.26

The Tribunal may order that, although a document has been served on someone other than the person specified in the table in Rule 9.23, the document is to be treated as if it had been properly served.

Deemed date of service

9.27A document which is served in accordance with these Rules or any relevant Practice Direction shall be deemed to be served on the day shown in the following table

Method of service Deemed day of service
Courier (or an alternative service which provides for delivery on the same or next Business Day) The second day after it was sent.

Delivering the document to or leaving it at a permitted address

 If it is delivered, left or transmitted on a business day before 4 p.m., on that day; or

 In any other case, on the business day after the day on which it is delivered, left or transmitted.

Fax

Other electronic method

Personal service

Service by an alternative method

9.28

Where it appears to the Tribunal that there is a good reason to authorise service by a method not permitted by these Rules, the Tribunal may make an order permitting service by an alternative method.

9.29

An application for an order permitting service by an alternative method

(1) must be supported by evidence stating

(a) the reason an order for an alternative method of service is sought; and

(b)what steps have been taken to serve by other permitted means; and

(2)may be made without notice.

9.30

An order permitting service by an alternative method must specify

(1)the method of service; and

(2)the date when the document will be deemed to be served.

Power of Tribunal to dispense with service

9.31

The Tribunal may dispense with service of a document.

9.32

An application for an order to dispense with service may be made without notice.

Certificate of service

9.33

Where a Rule, Practice Direction or Tribunal order requires a certificate of service, the certificate must state the details set out in the following table

 

Method of service Details to be certified
 Courier  Date of sending
 Personal  Date and time of personal service
 Delivery of document to or leaving it at a permitted place  Date and time when the document was delivered to or left at the permitted place
 Fax  Date and time of transmission
 Other electronic means  Date and time of transmission and the means used
 Alternative method permitted by the Tribunal  As required by the Tribunal

Notification of outcome of service by mail by the Tribunal

9.34

Where

(1) a document to be served by the Tribunal is served by mail; and

(2) such document is returned to the Tribunal,

the Tribunal must send notification to the party who requested service stating that the document has been returned.

Notice of non-service by Tribunal where personal service attempted

9.35

Where –

(1) the Tribunal is to serve a document personally; and

(2) the Tribunal is unable to serve it,

the Tribunal must send notification to the party who requested service.

II SPECIAL PROVISIONS ABOUT SERVICE OF THE CLAIM FORM

General rules about service subject to special rules about service of claim form

9.36

The general rules about service are subject to the special rules about service contained in Rules 9.37 to 9.47.

Service of claim form by the Tribunal – Defendant’s address for service

9.37

Where a claim form is to be served by the Tribunal, the claim form must include the defendant’s address for service.

9.38

For the purposes of Rule 9.37, the defendant’s address for service may be the business address of the defendant’s legal representative if he is authorised to accept service on the defendant’s behalf but not otherwise.

Certificate of service relating to the claim form

9.39

Where a claim form is served by the Tribunal, the Tribunal must send the claimant a notice which will include the date when the claim form is deemed to be served under Rule 9.27.

9.40

Where the claim form is served by the claimant

(1) he must file a certificate of service within 7 days of service of the claim form; and

(2) he may not obtain judgment in default under Part 13 unless he has filed the certificate of service.

Service of claim form by contractually agreed method

9.41

Where

(1) a contract contains a term providing that, in the event of a claim being issued in relation to the contract, the claim form may be served by a method specified in the contract; and

(2) a claim form containing only a claim in respect of that contract is issued,

the claim form shall be deemed to be served on the defendant if it is served by a method specified in the contract.

Service of claim form on agent of principal who is outside Dubai

9.42

Where

(1) the defendant is outside Dubai; and

(2) the conditions specified in Rule 9.43 are satisfied,

the Tribunal may, on an application only, permit a claim form relating to a contract to be served on a defendant’s agent.

9.43

The Tribunal may not make an order under the preceding Rule unless it is satisfied that

(1) the contract to which the claim relates was entered into within Dubai with or through the defendant’s agent; and

(2) at the time of the application either the agent’s authority has not been terminated or he is still in business relations with his principal.

9.44

An application under Rule 9.42

(1) must be supported by evidence setting out

(a) full details of the contract and that it was entered into within Dubai with or through an agent who is either an individual residing or carrying on business within Dubai, or a registered company or corporation having a registered office or a place of business within Dubai;

(b) that the principal for whom the agent is acting was, at the time the contract was entered into and is at the time of making the application, neither an individual, registered company or corporation as described in sub-paragraph (a) above; and

(c) why service out of Dubai cannot be effected;

and

(2) may be made without notice.

9.45

An order under Rule 9.42 must state a period within which the defendant must respond to the claim.

9.46

The power conferred by this rule is additional to the power conferred by Rule 9.28 (service by an alternative method).

9.47

Where the Tribunal makes an order under this rule, the claimant must send to the defendant copies of

(1) the order; and

(2) the claim form.

III SPECIAL PROVISIONS ABOUT SERVICE OUT OF DUBAI

Scope of this section

9.48

This Section contains rules about

(1) service out of Dubai; and

(2) the procedure for serving out of Dubai.

Service out of Dubai

9.49

The permission of the Tribunal is not required to serve process outside Dubai. Parties are referred to Article 3 of the Tribunal Decree (as amended by Decree No. 11 of 2010) which states the jurisdiction of the Tribunal.

9.50

It is the responsibility of the party serving process to ensure he complies with the rules regarding service of the place where he is seeking to effect service.

9.51

Where a claim form is to be served out of Dubai, it may be served by any method permitted by the law of the place in which it is to be served.

9.52

Nothing in these Rules or in any Tribunal order shall authorise or require any person to do anything in the place where the claim form is to be served which is against the law of that place.

9.53

A defendant who wishes to dispute the Tribunal’s jurisdiction may make an application to have service set aside under Part 12.

Period for acknowledging service or admitting the claim where the claim form is served out of Dubai

9.54

The period for filing an acknowledgment of service or filing or serving an admission where a claim form has been served out of Dubai is 28 days after the service of the claim form.

Period for filing a defence where the claim form is served out of Dubai

9.55

The period for filing a defence where a claim form has been served out of Dubai is

(1) Where particulars of claim were included in or accompanied the claim form the period for serving and filing a defence is 45 days; or

(2) Where particulars of claim were not included in and did not accompany the claim form, the period for serving and filing a defence is 28 days from service of the particulars of claim.

Translation of claim form

9.56

Except where Rule 9.59 applies, every copy of the claim form to be served out of Dubai must be accompanied by a translation of the claim form.

9.57

The translation must be

(1) in the official language of the place in which it is to be served; or

(2) if there is more than one official language of that place, in any official language which is appropriate to the place where the claim form is to be served.

9.58

Every translation to be served under Rule 9.56 must be accompanied by a statement by the person making it that it is a correct translation, and the statement must include

(1) the name of the person making the translation;

(2) his address; and

(3) his qualifications for making a translation.

9.59

The claimant is not required to provide a translation of a claim form under Rule 9.56 where the claim form is to be served in a place where English is an official language.

Undertaking to be responsible for expenses of the Registrar

9.60

Every request for service out of Dubai through the Registrar must contain an undertaking by the person making the request

(1) to be responsible for all relevant expenses incurred by the Registrar or foreign judicial authority; and

(2) to pay such relevant expenses to the Registrar or foreign judicial authority on being informed of the amount.

Service of documents other than the claim form

9.61

Where an application notice is to be served out of Dubai under this Section of this Part

(1) Rules 9.54 and 9.55 do not apply; and

(2) where the person on whom the application notice has been served is not a party to proceedings, that person may make an application to the Tribunal under Rule 12.1 as if he were a defendant and Rule 12.2 does not apply.

Proof of service

9.62

Where

(1) a hearing is fixed when the claim is issued;

(2) the claim form is served on a defendant out of Dubai; and

(3) that defendant does not appear at the hearing,

the claimant may take no further steps against that defendant until the claimant files written evidence showing that the claim form has been duly served.

IV PROCEDURE FOR ISSUE OF CLAIM FORM WHEN REGISTRY CLOSED

Procedure

9.63

The procedure for issuing a claim form when the Registry is closed is as follows:

(1) The claim form must be signed by the legal representative acting on behalf of the claimant, and must not require the permission of the Tribunal for its issue (unless such permission has already been given).

(2) The legal representative causing the claim form to be issued (“the issuing legal representative”) must

(a) endorse on the claim form the endorsement shown below and sign that endorsement;

(b) send a copy of the claim form so endorsed to the Registry by email for issue under this Section; and

(c) complete and sign the certificate shown below.

(3) When the Registry is next open to the public after the issue of a claim form in accordance with this procedure, the issuing legal representative or his agent shall attend and deliver to the Registry the document which was transmitted by email (including the endorsement and the certificate), or if that document has been served, a true and certified copy of it, together with as many copies as the Registry shall require and pay any required Tribunal fees.

(4) When the proper officer at the Registry has checked and is satisfied that the document delivered under sub-paragraph (3) fully accords with the document received under sub-paragraph (2), and that all proper fees for issue have been paid, he shall allocate a number to the case, and seal, mark as “original” and date the claim form with the date on which it was issued (being, as indicated below, the date when the email is recorded at the Registry as having been received).

(5) As soon as practicable thereafter, the issuing legal representative shall inform any person served with the unsealed claim form of the case number, and (on request) shall serve any such person with a copy of the claim form sealed and dated under sub-paragraph (4) above and the person may, without paying a fee, inspect and take copies of the documents lodged at the Registry under sub-paragraphs (2) and (3) above.

Effect of issue following request by email

9.64

The issue of a claim form in accordance with this procedure takes place when the email is recorded at the Registry as having been received, and the claim form bearing the endorsement shall have the same effect for all purposes as a claim form issued under RDWT Part 7 or 8, as the case may be. Unless otherwise ordered the sealed version of the claim form retained by the Registry shall be conclusive proof that the claim form was issued at the time and on the date stated. If the procedure set out in this Section is not complied with, the Tribunal may declare (on its own initiative or on application) that the claim form shall be treated as not having been issued.

Endorsement

9.65

A claim form issued pursuant to a request by email must be endorsed as follows:

“1. This claim form is issued under RDWT Rule 9.63 and may be served notwithstanding that it does not bear the seal of the Tribunal.

2.A true copy of this claim form and endorsement has been transmitted to the Registry, Dubai World Tribunal, Ground Floor, Building 4, The Gate District, DIFC, Dubai, UAE at the time and date certified below by the undersigned legal representative.

3.It is the duty of the undersigned legal representative or his agent to attend at the Registry when it is next open to the public for the claim form to be sealed.

4.Any person upon whom this unsealed claim form is served will be notified by the undersigned legal representative of the number of the case and may require the undersigned legal representative to serve a copy of the sealed claim form and may inspect without charge the documents which have been lodged at the Registry by the undersigned legal representative.

5.I, the undersigned legal representative, undertake to the Tribunal, to the defendants named in this claim form, and to any other person upon whom this claim form may be served:

(i)That the statement in paragraph 2 above is correct;

(ii)That the time and date given in the certificate at the foot of this endorsement are correct;

(iii)That this claim form is a claim form which may be issued under RDC Rule 9.63;

(iv)That I will comply in all respects with the requirements of RDC Rule 9.63;

(v)That I will indemnify any person served with the claim form before it is sealed against any loss suffered as a result of the claim form being or becoming invalid in accordance with RDC Rule 9.63.

(Signed)

Legal Representative for the claimant”

[Note: the endorsement may be signed in the name of the firm rather than an individual legal representative, or by agents in their capacity as agents acting on behalf of their professional clients.]

Certificate

9.66

A legal representative who causes a claim form to be issued pursuant to a request sent by email must sign a certificate in the following form:

“I, the undersigned legal representative, certify that I have sent a copy of this claim form to the Registry by email on [enter the time and date when the email was sent].

Dated

(Signed)

Legal Representative for the claimant.”

[Note: the certificate may be signed in the name of the firm rather than an individual legal representative, or by agents in their capacity as agents acting on behalf of their professional clients]