I.Introduction

Challenging jurisdiction is one of the primary defences that any lawyer will check at the initial stages of reviewing the case file or preparing their defence strategy. Which is one of the important procedural aspects (i.e. jurisdiction, arbitration clauses, limitations, and applicable law) to examine before delving into the substantive merits of the case.

Involving in an insurance case recently, popped a question in my head asking whether the insurance committee is competent to disputes arise in specific emirate like Dubai insurance disputes or extend to all Emirates of UAE, and I wanted to share my research results in this matter in this regard with you.

II.                  Legal Framework

The Jurisdiction of UAE courts is regulated by the Federal Decree by Law No. (42) of 2022 Promulgating the Civil Procedure Code ("Civil Procedure Code") or by specific laws pertaining to certain committees or free zones.

In the context of insurance disputes in the UAE, the insurance industry in the UAE is regulated by the Insurance Authority (“IA”) Established by Federal Law No. 6 of 2007, and the Insurance Dispute Resolution Committees is regulated by the IA Board of Directors Decision No. (33) of 2019 regarding the Insurance Dispute Resolution and Settlement Committees. ("IDRC")

III.                The Competence of the ("IDRC"):

The IDRC is competent to settle all types of insurance disputes arising from complaints made by the insured, beneficiaries, or individuals with an interest in the insurance dispute against the insurance company, regardless of the value of the claim.

However, the IDRC does not have jurisdiction over:

IV.               Challenging the Territorial Jurisdiction

According to the IA Board of Directors Decision No. (33) of 2019, the IDRC operates under the Insurance Authority, a federal body with jurisdiction over all UAE territory. The establishment of IDRC branches in Abu Dhabi and Dubai does not imply separate jurisdiction; rather, it reflects an administrative arrangement for operational purposes. This organization does not limit any committee's ability to adjudicate disputes throughout the UAE.

V.                 Dubai Courts Precedent: Case No. 96 of 2024

In a recent ruling on October 3, 2024 (Case No. 96 of 2024), the Dubai Court of Cassation affirmed that "The branch of the committee has jurisdiction to settle and resolve insurance disputes of all types and branches of insurance arising from the complaint of insureds, beneficiaries, or those with the capacity or interest in the insurance dispute against the company with the capacity in the insurance dispute without being restricted to a specific place in the territory of the UAE, as the formation of these committees is only an administrative organization of their work that has nothing to do with jurisdiction, and this organization does not prevent any committee from deciding any dispute within the territory of the UAE."

VI.               Conclusion

Challenging the territorial jurisdiction of the IDRC based on articles from the Civil Procedure Code is not a valid defence. It is incorrect to assume that each branch of the committee has separate territorial competence. All branches of the IDRC share the same jurisdiction across all Emirates in the UAE.

Which is approved by the legal principles as in the above judgment from Dubai Court of Cassation in the Case No. 96 of 2024.