DIFC Courts signs landmark enforcement guide with Kenya

Dubai — The DIFC Courts has signed a landmark enforcement document with their counterparts in the High Court of Kenya (Commercial and Admiralty Division) that further reinforces the UAE’s position as an economic gateway to Africa.

The signing of the DIFC Courts’ first Memorandum of Guidance (MoG) with an African country took place in the presence of Shaikh Nahyan bin Mubarak Al Nahyan, Minister of Culture, Youth and Community Development, during the ‘Africa: Bridging the Gulf’ conference in Dubai, organised by the Africa Legal Network. Dubai’s non-oil trade with Africa has increased by 700 per cent over the last decade, according to the Dubai Chamber of Commerce & Industry. During that time, Kenya has emerged as a major hub for East Africa, with non-oil trade between Dubai and Kenya estimated to be worth Dh4.5 billion in 2013, making the African country the emirate’s 50^th biggest trade partner.

The MoG adds an additional layer of certainty for companies operating in both the UAE and Kenya by defining for the first time the procedures for mutual enforcement of money judgments between the DIFC Courts and High Court of Kenya. The document was signed by Michael Hwang, SC, Chief Justice of the DIFC Courts, and Hon. Prof. Githu Muigai, the Attorney General of Kenya.

Chief Justice Hwang said: “With trade between Africa and the UAE at record levels, it is essential that international commercial courts work together to support the growing number of businesses operating across borders. This memorandum provides guidance on how the DIFC Courts and Kenyan Courts would enforce each other’s money judgments, thereby giving additional clarity and certainty to investors and businesses active in both jurisdictions. Being the first we have signed with an African nation, this memorandum is a landmark document for the DIFC Courts and also indicative of Kenya’s emergence as a major regional economy.”

Hon Prof Githu Muigai said: “The UAE continues to be one of Kenya’s leading bilateral trade partners. As trade between our two countries continues to flourish, it is important that our respective judicial systems support and protect cross-border commerce. The Kenyan Judiciary therefore welcomes the signing of the Memorandum of Guidance between the DIFC Courts and the Kenya Judiciary which will enhance understanding of judicial procedures for foreign judgment enforcement in our respective courts.”

Since their jurisdiction was opened to businesses worldwide in October 2011, the DIFC Courts have established one of the world’s strongest enforcement regimes. DIFC Courts’ judgments can be enforced internationally through treaties such as the GCC Protocol and Riyadh Convention; treaties with China, and France; and reciprocal arrangements with many common law courts overseas, including the Commercial Court of England and Wales and Commercial Courts of Australia. business@khaleejtimes.com