On 2 January 2020 and under Article 5(B)(1)(b) of Dubai Law No. 12 of 2004 (as amended) (the “Judicial Authority Law”), the Dubai International Financial Centre (the “DIFC”) Authority (the “DIFCA”) made an application to the Chief Justice of the DIFC Courts asking him to request the Court of Appeal to determine questions of interpretation of certain DIFC Laws (the “Request for Interpretation”). The requested interpretations pertain to two DIFC Laws, namely Law No. 4 of 2018, being the Trust Law, and Law No. 3 of 2018, being the Foundations Law.
The Chief Justice acceded to the Request for Interpretation and, on 27 January 2020 – and pursuant to the relevant provision of the Judicial Authority Law – he referred the matter to the Court of Appeal (the “Referral Letter”), requesting from it the interpretations in question. The matter has subsequently been registered under the case name CA-002-2020 and the hearing is listed for 22 March 2020.
On 12 February 2020, the Deputy Registrar issued (amended) directions in the matter of CA-002-2020 (the “Directions Order”). Under paragraph 9 of the Directions Order, information about the Application, the Request for Interpretation, the Referral Letter and the Hearing is required to be advertised on the DIFC Courts’ website. Paragraph 9 of the Directions has hereby been complied with by reason of this notice.
A copy of the DIFCA’s Request for Interpretation, the Referral Letter, the DIFC Courts claim form, the Directions Order of the Deputy Registrar and the DIFCA’s witness statement in support of its application with exhibits are available at this link.