DIFC Courts sets new record with Dhs15 billion in claims value in H1

The Dubai International Financial Centre (DIFC) Courts on Monday released its figures for the first six months of 2023, reflecting a surge in the overall value of claims. In addition, the substantial uptake of additional ancillary services, such as Wills registration, further elevates Dubai’s common law jurisdiction as the region’s leading forum for international dispute resolution.

The value of cases across all divisions recorded a 692% increase in the first half of 2023, compared with the first six months of 2022, with a total value of Dhs15 billion across 455 cases filed. In the main Court of First Instance (CFI), 52 cases were filed, with the total value of Dhs14.9 billion and an average case value of Dhs427.2 million. Cases within the Arbitration Division under the CFI also recorded a significant increase in the first six months of 2023, with a total value of Dhs12.9 billion and an average claim value of Dhs1.6 billion.

Justice Omar Al Mheiri, Director, DIFC Courts, said: “The DIFC Courts is currently operating on a new roadmap for the years 2022-2024, which includes a strategic work plan that brings more national cohesion to the Courts’ projects and initiatives in line with the ‘D33’ economic agenda and the Dubai Digital Strategy. This in turn is providing effective support for the federal and local strategic goals and the Centre’s goals. The surge in uptake of the DIFC Courts’ public services in the first six months of 2023 reflects the growing awareness of, and trust in, our expertise, efficiency, and ease of process. Powered by the most cutting-edge digital infrastructure, it is our expectation that more domestic and international businesses will continue to look to the DIFC Courts for future certainty and expedient resolution.”

Claims brought before the CFI involved companies and business across a wide range of sectors, including banking & finance, real estate, construction, manufacturing, retail, hospitality and maritime, and involving disputes related to breach of contract, outstanding payments, Wills & Probate, and employment. There was also a noticeable number of ‘opt-in’ cases for the first six months of 2023, with 52.5% of claims in the CFI cases originating from parties ‘electing’ to use the DIFC Courts to resolve their disputes.

The operational capacity of the region’s first Small Claims Tribunal (SCT) was strong in the first six months of 2023, with 242 claims filed, and an overall claim value totaling Dhs19.8 million. The average claim value of cases filed at the SCT was Dhs85,000.

Claims were driven primarily by disputes involving breach of contract, employment, and property & tenancy. Increased remote virtual hearings through the region’s first “Smart SCT” virtual court, has led to over 73.5% of claims registered originating from parties selecting the SCT as their preferred method for dispute resolution.

Reinforcing year-on-year increased efficiency through its digital and paperless strategy, statistics also confirm that the DIFC Courts issued 100% of Orders and Judgments digitally, with over 794 Orders in the first six months of 2023, and a further 86 Judgments issued for the same period. In addition, 98% of hearings in the CFI were conducted remotely, whilst the SCT and the Court of Appeal recorded 100% remote hearings in the first six months of 2023.

Launched through a partnership in 2015 between the DIFC Courts and the Government of Dubai, the Wills Service was established to enable non-Muslims who are investing and living in the UAE to pass on their assets and appoint guardians for their children in line with their wishes through a Will registration service.

In the first six months of 2023, the Wills Service registered 766 Wills, a 37.8% increase in the number of registrations compared with the first six months of 2022, and issued 22 Probate orders. Since its inception, the Wills Service has registered over 9,500 Wills.

As a part of the UAE Government’s commitment to effectively employ advanced technologies and digital platforms to continue services to the public during COVID-19 restrictions, in 2020 the DIFC Courts leveraged its digital infrastructure to offer videoconferencing for Will registrations.

With more and more individuals and businesses across the UAE operating remotely, the video conferencing facility can be accessed via a smartphone, tablet, or a desktop device, allowing residents and investors to register their Will from the safety and comfort of their own home or office.

Remote registrations add an additional layer of digital access to the current Virtual Registry for Wills, which allows those living overseas to create and register a DIFC Courts Will. Investors and residents can access it from anywhere in the world and be connected, via video link, to a compliance officer sitting in Dubai.

The DIFC Courts also provides an online automated Will drafting service for the Property Will, Business Owners Will and Financial Assets Will, with comprehensive explanatory notes, should individuals wish to draft the Will independently.