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Legal agreement signed between New South Wales Supreme Court and Dubai International Financial Centre Courts
Legal and business ties between New South Wales and Dubai have received further recognition with the signing of a Memorandum of Guidance (MoG) between the New South Wales Supreme Court and the Dubai International Financial Centre (DIFC) Courts.
It is the first time an Australian court has entered into an understanding to consult and cooperate with the DIFC Courts on the enforcement of each party’s money judgments in the other party’s court.
The MoG was signed by NSW Chief Justice Tom Bathurst and DIFC Courts Chief Justice Michael Hwang, in the presence of NSW Deputy Premier and Minister for Trade and Investment, Andrew Stoner.
The DIFC Courts form part of the legal system of the United Arab Emirates – Australia’s largest Middle Eastern trading partner. They are the leading English language commercial courts in the Middle East, resolving international civil and commercial disputes through the highest standards of legal procedure. The Courts’ judiciary is selected from common law jurisdictions around the world and from Dubai.
The New South Wales Supreme Court has unlimited jurisdiction within Australia’s largest state in civil matters, and also hears the most serious criminal matters. Its civil and commercial jurisdiction is the busiest of any Australian court, and is internationally renowned for its experience and expertise in dispute resolution.
Chief Justices Bathurst and Hwang agreed the MoG would give certainty and clarity for investors, businesses and the legal professions operating in each jurisdiction by defining, for the first time ever, the method of enforcement of judgments.
Chief Justice Bathurst said: “Dubai represents an expanding area of trade for New South Wales’ and Australian entrepreneurs so it makes sense for our respective legal systems to better support these growing business relationships with clear and concise reciprocal procedures. This agreement gives certainty to cross border enforcement of monetary judgments between our jurisdictions.”
Chief Justice Hwang added: “As business becomes ever more global, it is imperative that Courts connect to support and protect that international commerce. Without a clear appreciation of enforcement and judicial procedures across borders, investors are wary of developing the trade and services’ networks that underpin long term economic expansion. This memorandum with the Supreme Court of New South Wales will bring confidence and certainty to the relationship between our two courts and our increasingly interlinked business communities, helping to boost growth and create new economic opportunities in both the UAE and Australia.”
The MoG is concerned only with judgments requiring a person to pay a sum of money to another person.
It sets out the requirements and procedures for enforcement of DIFC Courts’ judgments in the NSW Supreme Court and vice versa.
It is the second such agreement signed by the DIFC Courts, which earlier this year entered into a similar agreement with the Commercial Court of England and Wales.
Today’s signing also brings to three the number of memoranda now in place between the NSW Supreme Court and international jurisdictions. Other agreements covering issues arising under foreign law have previously been signed with the Singapore Supreme Court and New York State Court of Appeals.
L-R: Chief Justice Hwang; Mr Abdelbaset Al Marzooqi, Chargé d' Affaires, UAE Embassy; Deputy Premier Stoner; and Chief Justice Bathurst.
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