• DIFC Courts Small Claims Tribunal to underpin Dubai’s expanding design and fashion sector through swift, English language dispute resolution

  • Agreement lays foundation to explore adding Design IP as a topic for Courts of the Future

Dubai, United Arab Emirates: Dubai Design & Fashion Council (DDFC) today signed a cooperation agreement with DIFC Dispute Resolution Authority (DRA), including DIFC Courts, to pave the way for wider adoption of the English language, international law courts system by Dubai’s fast-developing design and fashion sector.

As design entrepreneurs start up and compete across the region and beyond, they are reliant on key partnerships for talent, funding and materials. These need to be protected to enable businesses to trade securely and grow. By opting in to DIFC Courts Small Claims Tribunal (SCT) using a standard contract clause, enterprises will benefit from its proven capacity to resolve disputes amicably and fast in English, with 85% of cases settled within four weeks.

Through the award-winning smart SCT, firms with claims can access a virtual courtroom online from anywhere in the world. With the option of serving notice via instant messaging and social media, business owners can now solve legal problems using their smartphones or laptops with minimal interruption even as they travel.

Amna Al Owais, Deputy Chief Executive, Dispute Resolution Authority, said: “As Dubai is transformed into an international design and fashion hub, new enterprises need protection to innovate and trade securely as well as to safeguard the intellectual property that is their lifeblood. Adopting DIFC Courts as a jurisdiction of choice will give them the ability to draw up English language contracts that can be understood, negotiated and enforced in every corner of the globe.”

Jazia Al Dhanhani, Chief Executive Officer, Dubai Design & Fashion Council, said: “Most designers go into business with a dream and a vision. Sadly, some then go on to struggle with disputes that are too difficult or expensive to resolve. Through our cooperation agreement we can give our design community a rapid and cost-effective way of protecting their brands, creations and livelihoods. At Dubai Design & Fashion Council we want to enable them to focus on what they do best – building successful creative businesses.”

The agreement expands access for DDFC members to the region’s first pro bono programme, operated by the DIFC Academy of Law. Eligible businesses and individuals, such as design start-ups on extremely limited funding, will have the opportunity to benefit from free legal advice.

Thinking ahead for businesses of the future, DIFC Courts and DDFC will work together to understand the industries needs from a legislative perspective for IP law.

According to a 2016 *report unveiled by the Dubai Design & Fashion Council (DDFC), in collaboration with Dubai Design District (d3), the design industry in the region will grow at a compound annual growth rate of at least 6% over the next five years, reaching US$55 billion by 2019. Additionally, organisations are anticipating a 20% annual increase in their design headcount, especially in fresh graduates, over the next two to three years.

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*The MENA Design Education Outlook 2016: https://ddfc.ae/app/uploads/2017/03/2016-MENA-Design-Education-Outlook-Study-ENG.pdf

DIFC Courts opt in clauses for commercial and employment contracts

  • Opt in clause for new contracts

Exclusive jurisdiction of the DIFC Courts before a dispute arises

Any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).

  • Opt in clause for existing contracts

Exclusive jurisdiction after a dispute arises

Any dispute, difference, controversy or claim arising out of or in connection with [Define Dispute], including (but not limited to) any question regarding the existence, validity, interpretation, performance, discharge and applicable remedies of the underlying contract in dispute, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).

About Dispute Resolution Authority (DRA)

Established in 2014, the DRA is a platform for delivering legal excellence in the Middle East and acts as a gateway to a suite of services available to businesses operating in both within and outside the DIFC. The divisions of the DRA work in partnership to provide businesses with unparalleled choice in relation to the resolution of their commercial disputes, the development of legal talent and to the protection of individuals investing or residing in Dubai. Together and in co-operation, the divisions of the DRA are supporting the Dubai Plan 2021 and UAE Vision 2021.

The DRA administers justice and legal excellence within DIFC and is the third body of the DIFC, alongside the DIFC Authority and the Dubai Financial Services Authority. The DRA itself, currently incorporates four divisions: the DIFC Courts – Dubai’s established English-language and independent commercial common law judicial system; the DIFC Academy of Law (AOL); the DIFC Wills Service Centre (WSC); and the DIFC-LCIA Arbitration Centre.

About Dubai Design & Fashion Council (DDFC)

Established in 2014, the DDFC’s mandate is to raise the profile of Dubai as a regional and global destination for design and fashion, whilst ensuring the contribution of the creative industries to the sustainable development of the Emirate, stimulating trade and tourism, developing local talent and attracting companies operating in the fields of design and fashion to Dubai.

© Press Release 2018