Dubai’s DIFC Courts to handle complex construction disputes
New division accompanies court’s new electronic case management system
According to a statement from the Dubai International Financial Centre (DIFC) Courts, construction and technology companies can now turn to a specialised division to tackle complicated commercial disputes. The new Technology and Construction Division (TCD) has specialised judges, as well as industry-specific rules to solve disputes quickly.
The new division will only hear technically complex cases, including claims arising out of fires. Examples of technology cases include cybercrime incidents, disputes over the ownership and use of data, liability, and other issues relating to emerging technologies such as artificial intelligence and/or connected cars.
“The TCD has been designed around the particular characteristics of highly complex technology and construction disputes, which can be resolved much more speedily and efficiently with the oversight of specialist judicial expertise. This new division is another foundation stone in our work to build the courts of the future, and an important new service for businesses operating in two key sectors of the UAE economy,” said DIFC Courts’ chief justice Michael Hwang.
The TCD was set-up after a month-long consultation with the region’s legal community, and will be led by justice Sir Richard Field. Field has 20 years of experience handling complex disputes in the London courts, and joined DIFC Courts in 2015.
Commenting on his appointment, Field said: “It is a privilege to be chosen to lead the TCD, which represents an important addition to the UAE’s dispute resolution infrastructure. By forming a specialist division to handle complex – and sometimes new – types of construction and technology disputes, the DIFC Courts are working to secure businesses both now and in the future.”
DIFC Courts says parties around the world can opt-in to its jurisdiction, if both parties agree in writing. Requests to have claims heard by the TCD are made as part of the initial filing, with the Courts’ decision based on written evidence.
The division launches alongside a new web-based case management system, which was developed entirely in-house. The system allows users to access case management information from their mobile phones, tablets and other electronic devices in real time.