Dubai Forum for the Settlement of Computer Supply Disputes

Jane Lambert

A consultation on adding a new Part 56 to the Rules of the Dubai International Financial Centre Courts will close at 17:00 Dubai time tomorrow. The new rules would establish a new specialist division of the DIFC Courts to be known as the Technology and Construction Division ("TCD").

The TCD would resolve TCD claims which will include

"claims relating to the design, supply and/or installation of computers, computer software and related network systems."

Such claims may become more frequent as the Dubai International Financial Centre aspires to develop a financial technology industry (see the press release Dubai International Financial Centre Calls on Applicants for FinTech Hive at DIFC 16 April 2017).

The TCD appears to have been modelled on the Technology and Construction Court ("TCC") of England and Wales and the proposed Part 56 incorporated some of the provisions of Part 60 of the Civil Procedure Rules and the Part 60 Practice Direction. If the proposal is approved the TCD would handle much the same business as the TCC which includes all kinds of business and engineering disputes and challenges to arbitrators' decisions as well as computer supply disputes.

Should anyone wish to discuss this article or the computer supply disputes generally, he or she should call me on +44 (0)20 7404 5252 during office hours or send me a message through my contact form.

Dubai: Consultation on Proposals to amend the Rules of the DIFC Court

As I said in my introduction to the DIFC Court, the Dubai International Financial Centre ("DIFC") has its own court. This is a special common law jurisdiction with its own legislation. I have already discussed the Centre's laws of confidence and passing off in this blog.

The Rules of the DIFC Court ("RDC") appear to be based on our Civil Procedure Rules ("CPR"). They share, for example, the same overriding objective and terminology. For instance, claims are brought by claimants and not by plaintiffs.

On 20 April 2011 proposed a number of amendments to the RDC following extensive discussions with the Rules Sub-Committee of the Court Users Committee. Details of the proposed rule changes can be viewed here. Many of these proposed changes will facilitate electronic filing of court documents.

The consultation ends on 23 May 2011. Responses should be emailed to consultation@difccourts.ae