In his capability because the Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, has issued Legislation No. (9) of 2025, amending sure provisions of Legislation No. (18) of 2021 regarding the regulation of conciliation frameworks for the settlement of disputes arising inside the emirate. The modification replaces ten articles of the unique regulation and is a part of sustained efforts to advance and modernise the emirate’s authorized equipment whereas providing the best ranges of effectivity and providers to each member of society.
Article 5 of the brand new regulation specifies the kind of disputes qualifying for obligatory conciliation efforts. These embrace disputes referred by the President of Dubai Courts, private standing disputes, disputes the place the events conform to refer them to the Centre for Amicable Settlement of Disputes (CASD), and lawsuits referred to the CASD by the courts based mostly on prior settlement between the litigants.
Exemptions
Article 5 additionally outlines disputes, orders, issues, and claims that shall stay exempt from conciliation pathways. These embrace interim orders, pressing circumstances, issues of guardianship, inheritance, and such different disputes, with out prejudice to the powers of the Inheritance Courtroom to suggest settlement to the events in inheritance circumstances. Conciliation can also be to not be mooted in circumstances the place arbitration is inconceivable, equivalent to marriage and divorce verification circumstances; disputes past the jurisdiction of Dubai Courts (falling below different entities, centres, or committees); and disputes the place conciliation is prohibited below Dubai’s authorized framework.
Article 6 of the regulation addresses the scope of dispute decision procedures earlier than the CASD and the Household Steering and Reconciliation Committee. It states that disputes registered in Dubai Courts’ digital system and submitted to the CASD for amicable settlement are to be reviewed by a Conciliator below the supervision of a Competent Decide. The article stipulates that the procedures, standards, and provisions of this regulation and its binding resolutions have to be complied with when taking over disputes earlier than the CASD. For private standing disputes, conciliation is obtainable via the Household Steering and Reconciliation Committee, following guidelines and procedures outlined by the President of the Judicial Council or his authorised consultant. Current guidelines and procedures outlined in Decision No. (3) of 2021 stay in impact till a brand new decision is issued.
Provision to interact specialists
The revised textual content of the article additionally empowers the CASD and the Household Steering and Reconciliation Committee to interact specialists to elicit technical opinions. The choice to interact an professional should specify the scope of labor, timeframe, charges, and the occasion answerable for fee. If conciliation is profitable, it’s documented in a Conciliation Settlement signed by the disputing events and accepted by the conciliator. This settlement shall carry the authorized drive of a writ of execution as soon as the executory components is utilized.
Article 8 of the regulation addresses dispute registration and evaluation procedures earlier than authorities entities and different authorised entities. Article 9 particulars the duties of the Chief Justice. Article 23 focuses on the ‘Conciliation Settlement,’ its format, ensuing outcomes, and obligations for the disputing events. Article 24 specifies the circumstances below which a Conciliator’s project shall be deemed to have concluded.
Executory components
Article 27 of Legislation No. (9) of 2025 outlines the necessities for approving a Conciliation Settlement and validating the executory components. The Conciliator, after verifying these necessities, approves the settlement and endorses the executory components. Disputing events can solely problem the Conciliator’s choice if they’ve cheap grounds to point out they have been victims of fraud or deception. Such challenges have to be submitted inside 5 enterprise days of the settlement’s approval, and the competent choose will subject a ruling on such considerations inside 5 enterprise days. The ruling thus issued is ultimate. The article additionally stipulates {that a} copy of the settlement is supplied to the related events alone, and that the issuance of a second copy requires a court docket order supplied the unique is misplaced or unusable.
Article 28 of the brand new regulation specifies standards for Dubai Courts to just accept lawsuits requiring prior conciliation makes an attempt, outlining procedures for referral to the CASD or the Household Steering and Reconciliation Committee. Article 30 specifies the charges for dispute registration and Conciliation Settlement approval.
The brand new regulation might be printed within the Official Gazette and are available into impact upon its publication.
It’s value noting that the ‘Regulation of Conciliation in Dubai’ regulation goals to advertise amicable dispute decision via conciliation, encouraging different dispute decision mechanisms, strengthening contractual relationships and enterprise ventures via amicable settlements, expediting dispute decision, and guaranteeing absolute confidentiality all through the method.
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