The benefits and disadvantages of the law on the expansion of the jurisdiction of the DIFC Court
| dc.contributor.author | Nael AlTawil ,Tareq | |
| dc.contributor.author | Gantasala,Prabhakar | |
| dc.contributor.author | Younies,Hassan | |
| dc.date.accessioned | 2023-09-21T09:38:51Z | |
| dc.date.available | 2023-09-21T09:38:51Z | |
| dc.date.issued | 2018-02 | |
| dc.description | It is becoming increasingly difficult to ignore the fact that international business is a complicated issue, as it requires a wide range of perspectives to be involved. Consequently, international business has to be controlled in terms of certain legislation for purposes of a fair and competing-based performance of international companies. That is why appliance of a certain international law and legal framework is required. Likewise, international business needs involvement of a court that will hold a responsibility to regulate and solve all disputes among international parties. Dubai International Financial Centre (DIFC) is known to provide a free zone of economy for its members, which is why a legal regulation is also needed. As a result, DIFC established its Court for such purposes because of the fact that growth of international business in Dubai caused a need for a respective growth of DIFC Court. Thus, the Court should expand its jurisdiction on new segments. Ambiguity of such situation is apparent, as expansion of DIFC Court jurisdiction contains particular benefits and disadvantages. | |
| dc.description.abstract | Purpose – This paper aims to discuss the benefits and disadvantages of the law on the expansion of the jurisdiction of the Dubai International Financial Centre (DIFC) Court. The major role of DIFC Courts in the Arab community is to handle cases related to commerce and business. For a long time, the court had been acting only in their geographical area until a new law was enacted to extend their jurisdiction all over the world. Afterward, a lot of criticism emerged as for why and how the court will benefit from such actions. The law has drawn a harsh response, although most benefits have also been experienced since the court received quite a large number of new signings. Interaction at the world business forum has benefited the economy of Dubai thanks to the law. Design/methodology/approach – The following study focuses on a description of such benefits and drawbacks. The study does not evaluate a factual process of expansion but indicates the most distinct evidence of positive, as well as negative consequences of the expansion. Findings – It is appropriate to make a general comment on the fact that the expansion of DIFC Court is not sufficiently effective at the current stage. Needless to say, it contains numerous positive aspects, but the gaps are evidently essential because they place the entire Court in a hard circumstance. The Court does not have a welldeveloped legal framework for its new area of jurisdiction as long as its limited volume of prior precedent is a distinct sign of the Court’s dependence on the UAE’s Law. In such way, DIFC Court will not be able to address issues within new fields of jurisdiction, as it simply lacks an expertise and international law in its legal framework. Moreover, the jurisdiction over new areas of international business was not verified with a plain system of mediation, which is why a current expansion of DIFC Court has to be recognized as redundant. However, its advantages are tending to produce their effects provided that the Court manages to address its current problems. Originality/value – The study has described the basic benefits and drawbacks of DIFC Court expansion. To speak about the main benefits, they can be depicted as appliance of the common law, unification of English language for proceedings, presence of a preliminary arbitration and guarantees of award enforcement. In a similar way, the drawbacks of the expansion have been issued. The study has identified such drawbacks as lack of international and sophisticated expertise, untested legal framework, strong influence of forum non conveniens, and existence of a limited volume of prior precedent. The paper has not assessed a success of a factual expansion of DIFC Court jurisdiction, but it has managed. Keywords Benefits and disadvantages, DIFC Court, Forum non conveniens | en |
| dc.identifier.citation | Al-Tawil, T. N. E., Gantasala, P., & Younies, H. (2018). The benefits and disadvantages of the law on the expansion of the jurisdiction of the DIFC Court. International Journal of Law and Management, 60(2), 221-232. | |
| dc.identifier.doi | http://dx.doi.org/10.1108/IJLMA-05-2017-0123 | |
| dc.identifier.uri | https://dspace-uat.adu.ac.ae/handle/1/22 | |
| dc.language.iso | en_US | |
| dc.publisher | Emerald Publishing Limited | |
| dc.title | The benefits and disadvantages of the law on the expansion of the jurisdiction of the DIFC Court | |
| dc.type | Article | |
| dcterms.abstract | Abstract Purpose – This paper aims to discuss the benefits and disadvantages of the law on the expansion of the jurisdiction of the Dubai International Financial Centre (DIFC) Court. The major role of DIFC Courts in the Arab community is to handle cases related to commerce and business. For a long time, the court had been acting only in their geographical area until a new law was enacted to extend their jurisdiction all over the world. Afterward, a lot of criticism emerged as for why and how the court will benefit from such actions. The law has drawn a harsh response, although most benefits have also been experienced since the court received quite a large number of new signings. Interaction at the world business forum has benefited the economy of Dubai thanks to the law. Design/methodology/approach – The following study focuses on a description of such benefits and drawbacks. The study does not evaluate a factual process of expansion but indicates the most distinct evidence of positive, as well as negative consequences of the expansion. Findings – It is appropriate to make a general comment on the fact that the expansion of DIFC Court is not sufficiently effective at the current stage. Needless to say, it contains numerous positive aspects, but the gaps are evidently essential because they place the entire Court in a hard circumstance. The Court does not have a welldeveloped legal framework for its new area of jurisdiction as long as its limited volume of prior precedent is a distinct sign of the Court’s dependence on the UAE’s Law. In such way, DIFC Court will not be able to address issues within new fields of jurisdiction, as it simply lacks an expertise and international law in its legal framework. Moreover, the jurisdiction over new areas of international business was not verified with a plain system of mediation, which is why a current expansion of DIFC Court has to be recognized as redundant. However, its advantages are tending to produce their effects provided that the Court manages to address its current problems. Originality/value – The study has described the basic benefits and drawbacks of DIFC Court expansion. To speak about the main benefits, they can be depicted as appliance of the common law, unification of English language for proceedings, presence of a preliminary arbitration and guarantees of award enforcement. In a similar way, the drawbacks of the expansion have been issued. The study has identified such drawbacks as lack of international and sophisticated expertise, untested legal framework, strong influence of forum non conveniens, and existence of a limited volume of prior precedent. The paper has not assessed a success of a factual expansion of DIFC Court jurisdiction, but it has managed | en |