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Why did the DIFC Courts issue a code of conduct?
DIFC Courts has issued a code of conduct to ensure clients get the best representation from its lawyers. So, does this mean clients didn’t get ‘best representation’ before?
May 21, 2009 12:54 by Parinaaz Navdar
Might it also be because there is still some confusion over the jurisdiction of the court? One of the criticisms of the UAE court system is that there are no specialist courts with specialist judges. The establishment of the DIFC Court was, therefore, a significant step taken by the Government of Dubai to enhance investor confidence in the DIFC.
But Habib Al Mulla, a trustee of the Dubai International Arbitration Centre DIAC and one of the men who helped to create the special courts serving the DIFC said the organization was now overstepping its legal boundaries and creating “unhealthy competition” with Dubai’s established commercial arbitration service.
This was because, when the DIFC Courts were set up, an amendment was required to the Constitution of the UAE because the court falls outside of the federal court system. It also required UAE civil laws to be excluded and its own legal system to be created. On April 23, however, the Dubai Courts Department (DCD) and DIFC Courts signed an agreement to assist clients who needed their judgments to be enforced outside the jurisdiction of the court that originally issued the verdict in their case.
This means that these specialized courts, which used to enjoy full independence from Dubai courts and their decisions, were now bound to the DCD. If this is the case, why does the code apply specifically to the DIFC courts? Why, then should it not apply to lawyers who practice in all other courts in Dubai’s legal system?
The new code of conduct has been posted on the DIFC Courts website, for a consultation period, until June 30 2009.
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