Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 22 Dubai International Financial Centre: DIFC Perspectives on the Hague Principles

Abstract

This chapter describes the Dubai International Financial Centre (DIFC) perspectives on the Hague Principles. Whereas the DIFC is bound by international treaties ratified by the United Arab Emirates (UAE) on a federal level, the DIFC’s domestic sources of private international law are laid down in several statutory enactments and, as a common law jurisdiction, also case law. The most important rules on choice of law in international contracts are codified in the DIFC Law No 10 of 2005 (the DIFC Law Application Law), which govern the law applicable to contractual obligations. It sets out clearly and succinctly the most important applicable law rules, which respect the parties’ autonomy to choose the applicable law. Although Article 30(1) of the DIFC Court Law clearly instructs the DIFC Courts what law they must apply, Article 30(2) authorizes the DIFC Courts to ‘consider decisions made in other jurisdictions for the purpose of making its decision’. Accordingly, so far as the Hague Principles have been referenced in decisions in other jurisdictions, the Court may also refer to them.