The DIFC Courts have their own rules regarding ADR, found in Part 27 of the Rules of the DIFC Court (“RDC”), which are modelled on the English Civil Procedure Rules. Under the RDC, the DIFC Courts apply rules of practice and procedure from the English Admiralty and Commercial Court Guide (the Guide) and, to the extent not covered by the Guide, the CPR wherever no provision of the RDC deals appropriately with a matter (RDC 2.10).
While emphasising its primary role as a forum for deciding civil and commercial cases, the DIFC Court encourages parties to consider the use of justice by reconciliation (such as mediation and conciliation) as an alternative means of resolving disputes. The English Courts’ principles of pre-action conduct are also relevant to conduct in DIFC Court cases. The DIFC Court will not compel parties to engage in justice by reconciliation as a prerequisite to litigation (although Part 38.24 of the RDC gives the court discretion, when assessing costs, to consider efforts made in trying to resolve the dispute). The court will however, if appropriate, invite the parties to consider justice by reconciliation at the Case Management Conference, and may adjourn the case for a specified period of time to encourage and enable the parties to use justice by reconciliation.
In addition, the DIFC-LCIA Arbitration Centre, established in February 2008, offers mediation as well as arbitration services to users of the Centre under the rules contained in the LCIA mediation procedure.
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