A new Technology and Construction Division for Complex Computer Supply Disputes

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Jane Lambert

Sir Richard Field has been appointed to head a new Technology and Construction Division within the Dubai International Financial Centre's Courts (see the DIFC press release Complex tech and construction disputes can now turn to new specialised DIFC Courts division 17 Sep 2017). The new Division appears to have been modelled on the English and Welsh Technology and Construction Court. The Division's procedure is governed by Part 56 of the DIFC Court Rules which is similar to Part 60 of the Civil Procedure Rules and Part 60 Practice Direction.

Rule 56.3 of the DIFC Court Rules provides that a claim may be brought in the Division if it involves issues or questions that are technically complex. A number of sub-paragraphs list examples of such claims which include:

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

Cases in the new Division will be managed in much the same way as they are managed in the Technology and Construction Court.  Rule 56.15 of the Court Rules provide for a case management conference within 14 days of filing of the particulars of claim or the transfer of a case to the Division.

The above-mentioned press release states that "parties located anywhere in the world are able to opt-in to the DIFC Courts’ jurisdiction, if both parties agree in writing."

Members of the bar of England and Wales with experience of computer supply litigation are well placed to advise on matters that fall within this new Division's jurisdiction and to represent parties in cases that proceed before its judges.  Anyone wishing to discuss this article, computer supply dispute resolution or the DIFC courts in general should call me on +44 (0)20 7404 5252 during UK office hours or send me a message through my contact form.

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.