DED and DIFC Dispute Resolution Authority sign MoU facilitating

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DED and DIFC Dispute Resolution Authority sign MoU facilitating
transfer of Dubai business shares during succession
Dubai, United Arab Emirates, December 9, 2015: The DIFC Dispute Resolution Authority
(DRA) with its ancillary body, the DIFC Wills and Probate Registry (WPR) today announced
the signing of a memorandum of understanding (MoU) with the Department of Economic
Development (DED) to ensure the rapid facilitation of probate court orders covering the Dubai
assets of those who have registered their wills with WPR. The MoU marks an important step
forward in the development of the DRA and WPR by officially outlining a process in
conjunction with a major government department.
The memorandum outlines articles facilitating a clear flow of information between WPR, DIFC
Courts and DED. The MoU complements existing legal and administrative processes in Dubai
and sets out how information will be exchanged, including information relating to business
licenses and shares, and how this information will be handled securely. It also outlines the
specific roles and responsibilities of the parties involved in the sharing of this information.
The establishment of a joint committee between WPR and DED is also proposed in the
memorandum’s articles. This will enable both parties to meet on a regular basis and discuss
how the working relationship can be further refined.
His Excellency Sami Al Qamzi, Director General of DED, said: “Dubai continues to emerge
as a global commercial and financial hub. To ensure transparency and investor trust, it is
important that people feel confident that their Dubai-based assets will be transferred according
to their wishes upon their death. The DRA’s ancillary body, the DIFC Wills and Probate
Registry, is providing an important service and we are pleased to be working in conjunction
with them for the continued success of Dubai.”
Michael Hwang, Head of the DRA and Chief Justice of the DIFC Courts, said: “The
signing of the memorandum of understanding with the Department of Economic Development
is an important milestone for the DRA and the DIFC Wills and Probate Registry. It gives clear
guidelines for the process regarding distributing business shares and licenses registered with
the DED in Dubai which have been gifted to beneficiaries for registered wills under the WPR.
This will also encourage the facilitation of probate court orders, in line with current
enforcement procedures via the Dubai Courts, at an important time for Dubai’s business and
investment market. One of the key aims of the WPR is to provide legal certainty and a
comprehensible inheritance solution for non-Muslims with assets in Dubai. This signing is an
important step which initiates clear processes in partnership with key government bodies in
order to achieve this goal.”
The first service of its kind in the region, the DIFC Wills and Probate Registry aims to provide
individuals the ability to register English language wills that allow their Dubai-based assets to
be transferred upon death according to their instructions. The rules governing the Registry
reflect the spirit of existing UAE laws, which provide non-Muslims the right to choose the way
in which their estates are distributed.
Will registration appointments can be made online on the WPR website: www.difcprobate.ae
-EndsDRA is the DIFC’s umbrella body for dispute settlement and centre for legal excellence, established by
Law (7) of 2014. The DIFC’s litigation and arbitration functions are consolidated under a new single
dispute settlement umbrella body - the Dispute Resolution Authority (DRA), under the terms of Law
(7) of 2014 issued by the Ruler of Dubai, His Highness Sheikh Mohammed Bin Rashid Al Maktoum,
amending certain provisions of Law no. (9) of 2004, concerning the Dubai International Financial
Centre (DIFC).
The DRA is comprised of: the DIFC Courts, the Arbitration Institute, the Academy of Law, and the
DIFC Wills And Probate Registry.
About the Department of Economic Development:
The Department of Economic Development (DED) is the government body entrusted to set and drive
the economic agenda of the emirate of Dubai, UAE. DED supports the structural transformation of
Dubai into a diversified, innovative service-based economy that aims to improve the business
environment and accelerate productivity growth. DED and its agencies develop economic plans and
policies, identify and support the growth of strategic sectors, and provide services to domestic and
international investors and businesses.
For further information, please contact:
Faisal Shamsudheen
Government Communication Division,
Department of Economic Development
Tel: (971 4) 445 5927
Email: faisal.pathiasseri@dubaided.gov.ae
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