DIFC Court – A New Vision - Insights from the BarMENA discussion with the Chief Justice of the DIFC Courts H.E. Wayne Martin
min readJustice Wayne Martin has taken the helm as Chief Justice of the DIFC Courts as of September 2024. In a recent BarMENA discussion, he shed light on the DIFC Courts Law of 2025 and shared his strategic vision for the courts. Here are the highlights that will interest court users:
- Mediation Centre: Article 13 mandates the establishment of a Mediation Centre at the DIFC Courts. The initiative has been greenlit, and judges will soon encourage mediation in suitable cases. Article 30(B)(4) allows for signed settlement agreements approved by the Mediation Centre to be enforced like court judgments, aligning with the Singapore Convention on Mediation.
- Appointment of Assessors: Article 24 empowers the DIFC Courts to appoint assessors to aid in proceedings. While this mirrors practices in UAE onshore courts, the Chief Justice anticipates using this power sparingly.
- Improved Database Searchability: Addressing a longstanding issue, the Chief Justice announced efforts to revamp the court's case law database for better user experience, including the adoption of neutral citations for judgments.
- Legal Framework: Diverging from the ADGM Courts, the DIFC Courts will draw from a variety of business-friendly common law jurisdictions—such as Singapore, Australia, India, and New Zealand—alongside England.
- Employment Division: Despite calls for a separate employment division, the Chief Justice sees no need for it, citing the Small Claims Division's effective handling of employment claims. However, he mentioned a possible review of the costs regime for such claims.
- Remote Hearings: Currently, 99% of hearings are remote. The Chief Justice envisions a shift, with hearings exceeding three days to be held in person.
- Professional Conduct and Arbitration: The court is developing new professional conduct guidelines and reviewing the DIFC Arbitration Law. Additionally, the Chief Justice has directed judges to provide well-reasoned judgments on all contentious matters.
Justice Martin is committed to expanding the case load while preserving the quality of judgments at the DIFC Courts, ushering in a promising era for the institution.
