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DIFC Wills and Judgments Enforceable by Courts in Ras Al Khaimah

Elena Schildgen

Author: Elena Schildgen
Senior Partner Lawyer.

Guiding Principle
The Ras Al Khaimah Courts and other RAK government entities have signed a series of agreements on December 12, 2016 with the Dispute Resolution Authority of the Dubai International Financial Centre (DIFC) that will allow court judgments and orders (including Probate Orders) to be directly enforced by the Ras Al Khaimah Courts. This development is the latest step in a series of measures introduced in RAK to promote economic growth and to continue its efforts to boost investor confidence and its standing as an investment destination and encourage companies to setup operations.

A. Dispute Resolution:
Based on these agreements, RAK government bodies, companies, investors and individuals are now free to opt-in for DIFC jurisdiction in their contracts and to use DIFC Courts and the DIFC Arbitration Centre to resolve disputes.

This move should be highly welcomed in the business community according to Mark Beer, CEO of the Dispute Resolution Authority (DRA) at DIFC Courts as “through working together, we have reached a major milestone on the road to the UAE’s 2021 Vision of efficient and swift commercial justice. It is further proof of how the DIFC Courts’ strategy of building strong connections with jurisdictions nationally and internationally supports economic growth”.

Consequently, judgements issued by Dubai International Financial Centre’s (DIFC) English-language courts are then directly enforcable by courts in Ras Al Khaimah.

“For those who invest, work and live in Ras Al Khaimah, the additional choice of this proven English-language legal system offers more prospects for future progress. For investors, we speak the language of international commerce, and for businesses we offer greater certainty and confidence in a legal system recognisable around the world ,” said His Highness Sheikh Saud bin Saqr Al Qasimi Member of the Supreme Council and Ruler of Ras Al Khaimah.

B. DIFC Wills and Probate Orders
As a further result of theses agreements personal wills signed by individuals and registered with the DIFC Wills & Probate Registry may now include both Dubai and Ras Al Khaimah assets. Previously it was only possible to include assets located in the Emirate of Dubai.

This development shows that “Individual residents can have even greater trust that their property and assets will be secure here.” (His Highness Sheikh Saud bin Saqr Al Qasimi Member of the Supreme Council and Ruler of Ras Al Khaimah).

The DIFC Wills & Probate Registry is currently drafting a Practice Direction to implement this change in the DIFC Wills & Probate Registry Rules, which should be in place by the end of January.

January, 2017 Elena Schildgen
Meyer-Reumann & Partners, Dubai Office
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