To promote a culture of amicable settlement of disputes and encourage the adoption of alternative methods of resolving them

Mohammed bin Rashid issues a law regulating peace work in the Emirate of Dubai

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, in his capacity as Ruler of the Emirate of Dubai, issued Law No. (18) of 2021 regulating conciliation work in the Emirate of Dubai, with the aim of promoting a culture of amicable settlement of disputes through conciliation, and encouraging the adoption of Alternative ways to resolve disputes arising between the parties to the dispute, and to enhance the continuity of contractual relations and commercial and civil projects between individuals and companies by resolving disputes that arise between them in amicable and consensual ways, in addition to speeding up the resolution of disputes and simplifying their procedures, and providing a work environment that guarantees the confidentiality of dispute settlement procedures.

The provisions of the law apply to the Center for Amicable Settlement of Disputes, established by Law No. (16) of 2009, and anyone who undertakes any activity related to conciliation work in civil and commercial matters that are carried out through the conciliator.

According to the law, the Center is competent to consider and decide on the disputes determined by a decision of the President of Dubai Courts, whatever their nature or value, and the disputes whose parties agree to be considered by the Center, as well as the cases that the court decides, during its consideration and in any case, to refer them to the Centre. Based on the agreement of the litigants.

The law defines the work procedures at the center for amicable settlement of disputes, and the mechanisms for outsourcing its competencies, in addition to the tasks of the chief of first instance courts, who, according to the law, is responsible for supervising the center, assigning one or more judges from the courts of first instance to supervise the work of reconciliation, approving reconciliation agreements and adjudicating disputes referred to him in accordance with the law. provisions of law.

The law stipulates that a committee called “Reformers Affairs Committee” shall be formed in Dubai Courts by a decision of its director, consisting of the chairman and vice-chairman of the committee and a number of members. Deciding on applications referred to it by the Center for Amicable Settlement of Disputes to authorize governmental and other entities to engage in conciliation work in the Emirate, and determine the competence of each of them to look into disputes. In accordance with the conditions of registration stipulated in the law and the decisions issued thereunder.

The Reformers Affairs Committee is also concerned with deciding on requests to renew the registration of private reformers in the Register, in accordance with the conditions and procedures to be determined by a decision issued by the Director of Dubai Courts in this regard, and considering requests to write off reformers from government agency employees and private reformers from the Register, as well as looking into the violations and complaints submitted against the authorized parties, as well as the reformers among the employees of government agencies and private reformers, and to take appropriate measures against them, and to look into the differences that arise between the authorized parties and the parties to the dispute regarding the reformer’s fees agreement, and to decide thereon, provided that a record is established at the Center for Amicable Settlement of Disputes to record the reformers from Employees of government agencies and private reformers, its form and the data to be included in it shall be determined by a decision issued by the Director of Dubai Courts in this regard.

The law defines the conditions that must be met by those registered in the register, including:To be a citizen of the United Arab Emirates, and the Director of Dubai Courts may exempt non-nationals from this requirement who have at least four years of experience in the country in the field of conciliation or in any of the fields related to the settlement of disputes, and to have a bachelor’s degree in law Or Sharia and law or any other specialized certificate or its equivalent from one of the universities or institutes recognized in the State or the Emirate of Dubai, and that they are known for their integrity, impartiality, honesty and objectivity, and that they successfully pass the courses, exams and interviews determined by the Reformers Affairs Committee, and pay the prescribed fee for Registration in the Register, and the law defines the procedures for registration in the Register, and its duration is one year, renewable for similar periods, and the renewal request must be submitted within the thirty days preceding the end of the registration period. In this regard.

The law defines the conditions and procedures for issuing the permit to the authorized entities, in addition to the obligations of the company or individual institution authorized by the Center to settle disputes through conciliation in accordance with the provisions of the law, which binds the authorized entity to a number of obligations, the most important of which are:Placing the permit in a prominent place that is easy to view, notifying the committee of the reformers who work for it and of any modification to them or the permit data, within thirty days from the date of the modification, and recording disputes and reconciliation agreements in the electronic system prepared at the Center for Amicable Settlement of Disputes, in which disputes are registered Presented for conciliation, the conciliation agreement concluded between the parties to the dispute, and the measures taken to append it to the executive form, in accordance with the procedures and mechanisms determined by the Center in this regard. The authorized party is also obligated to keep a special record with it, in which the conciliation works it has undertaken and the conciliation agreements it has completed are recorded. Its history, the names of the parties to the dispute, the provision of devices, records and documents necessary to provide its services, and electronic preservation of reconciliation agreements, documents and related documents for the period specified by the Director of Dubai Courts in accordance with the decisions issued by him in this regard, in addition to not seeking the assistance ofAny person to work for it as a repairer who is not registered in the Register.

The law stipulates that it is not permissible for Dubai Courts to register any of the cases that fall within the jurisdiction of the center except after it has been submitted to the center or the government entity or the authorized entity. The dispute is up to the competent judge to decide directly on it by a reasoned decision in which the litigation is terminated or referred to the competent court, as the case may be.

The parties to the dispute may appeal against the decision of the competent judge issued in accordance with the law within fifteen days from the day following its issuance if it was in presence, or from the day following its notification if it was in attendance, provided that the value of the dispute does not exceed the final quorum of the court of first instance determined in accordance with the law Federal Civil Procedures No. (11) of 1992 and its regulations. The grievance is submitted to the competent judge for consideration in accordance with the procedures established for hearing the grievance, and it is decided by a final judgment that ends the litigation and is not subject to appeal. The decision of the competent judge ending the litigation may be appealed if the value of the dispute exceeds the first quorum of the court The degree of determinant in accordance with Federal Law No. (11) of 1992 and its organizational regulations, and the appeal request is submitted in accordance with the procedures and rules established for appealing decisions and judgments.

Law No. (18) of 2021 replaces Law No. (16) of 2009 regarding the establishment of the Center for Amicable Settlement of Disputes, and any provision in any other legislation is repealed to the extent that it contradicts the provisions of Law No. (18) of 2021, and decisions issued in implementation of the law continue to be enforced. No. (16) of 2009 to the extent that it does not conflict with the provisions of the new law, until the decisions that replace it are issued.

conciliation procedures

The law stipulates that, in addition to the rules and procedures for conciliation that the conciliator deems appropriate, the conciliator shall manage the conciliation session and settle the dispute before it by inviting the parties to it, reviewing the documents, documents and evidence related to the dispute, presenting conciliation to the parties to the dispute and bringing their views closer to an amicable settlement of the dispute. The conciliator may conduct the session through modern technical means, and he may invite whomever he deems appropriate to hear his statements, provided that the prior approval of the disputing parties is obtained.

According to the law, the reformer may seek the assistance of experts in technical and technical matters, provided that the prior consent of the parties to the dispute is obtained, provided that the reformer, in this case, specifies the task of the expert and the time limit within which he must complete it. unilaterally, provided they obtain their prior consent to this, and the dispute is settled amicably within a period not exceeding thirty days at most from the date of the appointment of the reformer, and the reformer may extend this period for another similar period, unless the parties to the dispute agree on a different period.

peace agreement

In accordance with the law, reconciliation is established between the parties to the dispute under the reconciliation agreement, and it must be clearly written, and the full name of the parties to the dispute, their legal representatives, their nationality, their place of residence or their place of work, and the reconciliation agreement may take any form of final and binding agreements for its parties. Provided that the consent of the parties to the dispute is obtained, and that its content does not violate the public order or public morals in the country. The conclusion of the reconciliation agreement results in the termination of the litigation between the parties to the dispute in the matter that was the subject of it, and none of the parties to the dispute may re-submit the same subject before the judiciary.

The reconciliation agreement must be written in the Arabic language when it is entered into the system for approval by the competent judge, and a translation of it in a foreign language may be prepared, provided that the two languages ​​are in one related editor and approved by a legal translator licensed by the competent authorities in the state, and the Arabic text is considered in the event that There is a conflict between it and the foreign text, and any of the parties to the dispute may consult whomever he wants to review the draft of the peace agreement before signing it.

• The new law enhances the continuity of contractual relations and commercial and civil projects between individuals and companies through the settlement of disputes.

• Ensuring the speedy settlement of disputes, simplifying their procedures, and providing a work environment that guarantees the confidentiality of dispute settlement procedures.

• The "Center for Amicable Settlement of Disputes" is concerned with looking into and deciding on disputes that are determined by a decision issued by the President of Dubai Courts.

• The law defines the work procedures at the Center for Amicable Settlement of Disputes and the mechanisms for outsourcing its competencies, in addition to the duties of the Chief Justice of the Courts of First Instance.

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