Finally Chief Justice Hwang noted that «From the perspective of the DIFC Courts, it is not wrong to use the DIFC
Courts as a conduit jurisdiction to enforce a foreign judgment and then use the reciprocal mechanisms to execute against assets in another jurisdiction.»
Adrian has developed particular experience handling multi-jurisdiction enforcement of judgments and arbitration awards including directly through the UAE Courts or through the DIFC
Court as a conduit court for enforcement in onshore Dubai.
The way now appears to be open to use the DIFC
Court as a conduit court to enforce foreign court money judgments against assets in Dubai or elsewhere in the UAE.
Not exact matches
The Supreme
Court held that, when the United Kingdom Parliament enacted the European Communities Act 1972, it created a «
conduit pipe» whereby EU law created by the institutions of the European Union is constituted
as an «entirely new, independent and overriding source of domestic law» [Paragraph 80].
However, it remains to be seen how the Execution
Court will treat the DIFC judgment if the judgment debtor raises an argument that the DIFC
Court has been used
as a
conduit to enforce a foreign judgment in Dubai without having had to go through the Dubai
Courts.
However, it remains to be seen whether the Execution
Court will in fact take such an approach, particularly in circumstances where it is clear that the DIFC
Courts have merely been used
as a means or
conduit to avoid recognition of the judgment through the Dubai
Courts.
An April, 1999 decision of the Pennsylvania Supreme
Court, Bortz v. Noon, addressed the issue of misrepresentation in the context of a licensee acting
as an innocent
conduit of information from a third party.
The
court ruled that the real estate agent could not rely on the disclaimers in the form and that she could not act
as a mere
conduit for information about the property from the seller to the buyer.