On Conflict Of Laws Of Dubai International Financial Centre

Dubai international financial center was established in 2004.Subsequently,the Dubai international financial center court was established to resolve various civil and commercial disputes involving international and domestic subjects and to guarantee the functions of the Dubai international financial center.Dubai international financial center is a common law zone established on the basis of the combination of Islamic law and civil law system in Dubai,UAE.The Dubai international financial center court is based on English as the official language and modeled on the British commercial court.The central court is a typical representative of emerging economies to build international commercial courts.The Central Court consists of courts of first instance,courts of appeal,and other courts including small claims tribunal.The court has implemented a two-tiered two-stage trial system.The litigations filed by the court of first instance and the small claims tribunal are subject to trials of up to two levels of courts.The judgments and rulings have the final effect.The composition of the judges of the Central Court is internationalized.Twelve judges come from five countries.The center’s laws and regulations give the judges extensive powers and,on this basis,stipulate the exemption from exercising authority.These two provisions have effectively guaranteed the authority of judges and provided institutional guarantees for the effective resolution of civil and commercial cases at the center and the free exercise of power by judges.The legal sources of jurisdiction of the Central Court can be divided into two major parts.One is the statute law on the source of jurisdiction and the specific provisions of jurisdiction;the other is the jurisprudence on jurisdiction as a common law court.The jurisdiction of the court can be divided into personal jurisdiction,territorial jurisdiction,agreement jurisdiction and exclusive jurisdiction according to different principles.The promulgation of the "Law No.16 of 2011 in respect of The Judicial Authority at Dubai International Financial Centre" marked the expansion of the jurisdiction of the Central Court,and there has been a series of conflicts of jurisdiction.The Central Court took a positive response when facing conflicts with the jurisdiction of other courts.On the one hand,it has signed a jurisdiction agreement with the relevant courts to resolve the issue of jurisdictional conflicts at the legislative level;on the other hand,it resolves jurisdictional conflicts in judicial practice.The legal application system of Dubai International Financial Center covers the substantive law norms and the conflict law norms.The substantive law norms consist of five levels of specific laws;the conflict law norms are the legal applicable rules in specific disputes.The specific legal application rules of the Center cover such aspects as contract,agency,subrogation,property,securities,investment rights and trust.The Dubai International Financial Center is a common law area that is independent of other regions in the country.There are not only domestic and foreign differences in the recognition and enforcement of judgments,but there are differences between different regions in the country.In addition,according to whether there are multilateral conventions and bilateral treaties between countries and regions with the UAE,the judgments of the central court can be divided into two cases based on the implementation of the conventions,treaties,and the absence of conventions and treaties.The 2014 DNB bank case provided judicial precedents for the recognition and enforcement of foreign court judgments at the Central Court.It also provided a reference for the non-treaty judgments to be converted into local judgments by the Central Court and thus recognized and implemented in the United Arab Emirates and even the entire Arab nation.The Central Court has carried out the construction of modern international commercial dispute resolution requirements in the systems of court structure and review,composition and authority of judges,jurisdiction system,legal application system,and recognition and enforcement of judgments,and achieved a series of achievements.Therefore,the relevant concepts and systems of the Central Court provide certain references for the establishment of an international commercial court in China.