LAW 4: Detailed Comparison of UK and DIFC Courts' Jurisdictions

This report provides a comparative analysis of the legal systems of the United Kingdom and the Dubai International Financial Centre (DIFC) courts. It examines the jurisdiction, legal frameworks, and procedures of both court systems. The UK courts are detailed, including the influence of legislation, common law, EU law, and the European Convention on Human Rights. The DIFC courts, established as a financial free zone, operate independently under Dubai and federal laws, focusing on civil and commercial matters. The report highlights key differences, such as the UK's handling of both civil and criminal matters and the DIFC's focus on global financial exchange and arbitration. It also contrasts the procedural aspects, including the length and complexity of UK court proceedings versus the more streamlined and often negotiation-based approach in the DIFC. The report concludes by emphasizing the distinct roles and operational environments of the two court systems, offering insights into their respective strengths and applications within their different jurisdictions.

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Comparison the differences between the courts in the UK and the DIFC courts in Dubai
The Courts in the United Kingdom
The Courts of the United Kingdom has set their jurisdiction with a separate jurisdiction
system. It has included immigration law, Asylum and Immigration Tribunal and Special
Immigration Appeals Commission, which works in the United Kingdom.
The United Kingdom is consists of four legislations which includes legislation, common
law, European Union law and the European Convention on Human Rights. The legislation has
acted according to the Acts of Parliament of United Kingdom, which consisted with 650
Members of Parliament (MPs)1.
The common law of the United Kingdom has set the legal system for England and Wales.
The European Union law is operated through the Member State of the European Union
(EU) for set the rules of proceeding according to the EU law.
The European Convention on Human Rights has set the manuals for the Member State of
the Council of Europe for the protection of the Human rights in United Kingdom.
The DIFC courts in Dubai
The Dubai International Financial Centre (DIFC) has set the framework of a financial
free zone. It helps to make the offers for a unique and independent legal regulatory. Along with
the legal regulatory, it includes in the growth, economic development and progress in the United
Arab Emirates2. The entire court system has set with an independent regulatory where DIFC
1 'DIFC Courts' (Difccourts.ae, 2017) <https://www.difccourts.ae/> accessed 16 November 2017.
2 'DIFC Courts' (Difccourts.ae, 2017) <https://www.difccourts.ae/> accessed 16 November 2017.

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courts helps in the process of legislations through the Federal and Dubai Law. It is regulated
with Federal Law No. 8 of 2004: Regarding the Financial Free Zones in the United Arab
Emirates, Federal Decree No. 35 of 2004: which helps to establishes the DIFC court as a
financial free zone with the accommodation with Cabinet resolutions. The Dubai International
Financial Centre controls another part in DIFC court according to the application of the Dubai
Law No. 9 of 2004. The Dubai Law No. 12 of 2004 is establishes the legislations through the
application of the Judicial Authority at Dubai Financial Centre.
It has set according to the United Arab Emirates constitution under the Article 121 where
it sets the division of powers of between Federal and Emirati authorities for the enactment with a
Financial Free Zone Law.
The Common Difference between the legal system of the United Kingdom and Dubai
International Financial Centre
According to the legal system of UK, it has classified as per the terms of Public law. It
has controlled and governed individually by the state law, private law and citizens. For the
application of the practical law, it has always makes a barrier in between civil law and criminal
law where the civil law works with contracts, family matters, negligence, employment issues,
and probate and land law3. Whereas, the Criminal matters deals with the crime issues, which
conducted in the area of criminal investigation. For the criminal investigation in the court
proceedings, the person who has conducted with offenses should charged with appropriate
penalties and sent to the Crown Prosecution Service. The appellate courts of UK have different
perspective in the process, which has applied through the Court of Appeal and the Supreme
Court. The entire court proceedings are complicated because it always deals with a lengthy
3 'DIFC Courts' (Difccourts.ae, 2017) <https://www.difccourts.ae/> accessed 16 November 2017.

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procedure. It also treats with appropriate court legislations and the provided evidence is one of
the important part in this proceedings4.
The Dubai International Financial Centre has established for the major goals in the
history of financial hub in the Middle East, Africa and South Asia (MEASA) markets. It
completely operated individually with independent regulatory and judicial systems. It deals with
global financial exchange, wealth funds, and private investors, tax friendly outlets. It covers for
the public green spaces, multinationals, restaurants, cafés, retail outlets and art galleries.
According to the DIFC court procedure, it is completely operates individually which is different
from UK legal system. It is an independent free zone and provides offers to the companies with
100% ownership without any local partner5.
The DIFC deals with civil and commercial matters whereas, UK courts deals with civil
and criminal matters. The DIFC has provided an individual arbitration centre DIFC-LCIA that is
authorizes under this court. The proceeding is applied through a negotiation process whereas, the
court proceedings in UK only processed according to the legislations of the court and the nature
of the case. The meditation process has processed outside of the court but in the Middle East
countries the DIFC court proceedings held with negotiation process. The DIFC court proceeding
is more affordable for the people whereas, the UK Court proceedings takes a long process but the
application of the legislations makes it more proper way6.
4 'DIFC Courts' (Difccourts.ae, 2017) <https://www.difccourts.ae/> accessed 16 November 2017.
5 'DIFC Courts' (Difccourts.ae, 2017) <https://www.difccourts.ae/> accessed 16 November 2017.
6 'DIFC Courts' (Difccourts.ae, 2017) <https://www.difccourts.ae/> accessed 16 November 2017.

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Reference
'DIFC Courts' (Difccourts.ae, 2017) <https://www.difccourts.ae/> accessed 16 November 2017