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DIFC Courts Practice: Second Edition

DIFC Courts Practice: Second Edition

          
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About the Book

The DIFC Courts Practice is endorsed by the DIFC Courts as the official companion to its rules. Written by a team of leading practitioners in the field, this thoroughly revised second edition includes both incisive narrative discussion of DIFC law and detailed commentary on the Rules of the DIFC Courts. Part A focuses on the substantive law of the DIFC, including on the jurisdiction of its Courts, while Part B provides the full text of the Rules with expert commentary on their application and interpretation, including comprehensive analysis of all relevant case law. Key Features: A new chapter considering sources of DIFC law and conflicts of law New material on both the substantive and procedural law of the DIFC New content exploring the relationship between DIFC Courts and other UAE Courts Updated chapters which incorporate in-depth analysis of all the leading cases from the last four years Authoritative and thoroughly updated commentary on DIFC Courts Rules which includes the identification and discussion of recent judicial decisions on the application of those Rules DIFC Courts Practice continues to be an indispensable resource for all those involved in litigation in the DIFC Courts used by both judges and legal practitioners. It is regularly cited in judgments. It is also a valuable resource for those involved in arbitration and in the enforcement in the DIFC and onshore Dubai of judgments and arbitral awards from other jurisdictions.

Table of Contents:
Contents Foreword by Justice Sir Richard Field viii Foreword by Chief Justice Zaki Azmi x Foreword by Sir Jeremy Cooke xii Preface xiii PART A DEVELOPMENTS IN DIFC LAW 1. DIFC LAW AND CONFLICTS OF LAW 2 Matthew Watson, 3 Verulam Buildings 2. Jurisdiction 29 James Weale, Serle Court 3. DIFC Courts and other courts of the UAE 66 Timothy Killen, 2 Temple Gardens 4. Arbitration 85 Gregor Hogan, Serle Court 5. Substantive Law 130 John Eldridge, Serle Court, James Bickford-Smith, Littleton Chambers and Matthew Watson, 3 Verulam Buildings 6. Procedure 185 David Holloway, Al Tamimi, Tom Stewart Coats, XXIV Old Buildings and and Harris Bor, 20 Essex Street PART B RULES AND COMMENTARY Part 1 Citation, commencement, application and the overriding objective 223 Part 2 Interpretation 228 Part 3 Organisation of the Court 236 Part 4 The Court’s case management powers 246 Part 5 Forms 286 Part 6 Court documents 287 Part 7 How to start proceedings—the claim form 296 Part 8 Alternative procedure for claims 304 Part 9 Service 314 Part 10 Responding to particulars of claim—general 339 Part 11 Acknowledgment of service 340 Part 12 Disputing the Court’s jurisdiction 344 Part 13 Default judgment 351 Part 14 Setting aside or varying default judgment 359 Part 15 Admissions 366 Part 16 Defence and reply 377 Part 17 Statements of case 382 Part 18 Amendments to statements of case 402 Part 19 Further information 414 Part 20 Addition and substitution of parties 422 Part 21 Counterclaims and other additional claims 439 Part 22 Statements of truth 449 Part 23 General rules about applications for Court orders 455 Part 24 Immediate judgment 483 Part 25 Interim remedies and security for costs 511 Part 26 Case management 581 Part 27 Alternative dispute resolution 602 Part 28 Production of documents 605 Part 29 Evidence 635 Part 30 Witnesses, depositions and evidence for other Courts 665 Part 31 Experts and assessors 679 Part 32 Offers to settle 718 Part 33 Payments into Court 728 Part 34 Discontinuance 731 Part 35 Miscellaneous provisions relating to hearings 736 Part 36 Judgments and orders 758 Part 37 Change of legal representative 777 Part 38 General rules about costs 782 Part 39 Fixed costs 834 Part 40 Procedure for detailed assessment 839 Part 41 Court rules 849 Part 42 Judicial review 854 Part 43 Arbitration claims 866 Part 44 (Amended) Appeals 886 Part 45 General rules about enforcement of judgments and orders 951 Part 46 Charging orders, stop orders and stop notices 959 Part 47 Attachment of future assets and earnings 974 Part 48 Execution against assets 991 Part 49 Court’s power to appoint receiver 1003 Part 50 Orders to obtain information from judgment debtors 1012 Part 51 Interpleader 1018 Part 52 Contempt of Court 1024 Part 53 Small Claims Tribunal 1038 Part 54 Insolvency proceedings 1068 Part 55 Rules of the DIFC Courts relating to probate claims and claims relating to the administration of estates 1110 Part 56 Technology and construction division 1122 Part 57 Non-Muslim Wills Registry 1131 Part 58 Digital Economy Court 1133 Index 1144


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Product Details
  • ISBN-13: 9781803925448
  • Publisher: Edward Elgar Publishing Ltd
  • Publisher Imprint: Edward Elgar Publishing Ltd
  • Edition: 2
  • Language: English
  • Sub Title: Second Edition
  • ISBN-10: 1803925442
  • Publisher Date: 10 Sep 2024
  • Binding: Hardback
  • Height: 244 mm
  • No of Pages: 1230
  • Width: 169 mm


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