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Clifford Chance

Clifford Chance

Briefings

Judicial Tribunal Jurisprudence – Key Takeaways

21 March 2022

Issues related to conflicts of jurisdiction between the DIFC Courts and the onshore Dubai Courts remain a hotly contested point and one that is often deployed by parties as part of their case strategy. The conflict usually arises as a result of parallel proceedings commenced in both the DIFC Courts and the onshore Dubai Courts.

The Judicial Tribunal was established in 2016 in Dubai to determine such conflicts of jurisdiction between the DIFC Courts and the onshore Dubai Courts. Now in its fifth year, the Tribunal's jurisprudence continues to provide some clear trends on how such conflicts will be resolved. Parties should be mindful of these trends when drafting their jurisdiction clauses and when considering the overall strategy in a litigation.

In this third briefing in our series on the Tribunal's jurisprudence, we discuss the key takeaways from the Tribunal's recent decisions along with a concise summary of the Tribunal's decisions to date.

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