Law
No. (10) of 2005
Amending
Law
No. (3) of 1996 Concerning Government Claims[1]
ــــــــــــــــــــــــــــــــــــــــــــــ
We, Maktoum bin Rashid Al
Maktoum, Ruler of Dubai,
After perusal of:
Law No. (3) of 1996 Concerning
Government Claims, as amended by Law No. (4) of 1997; and
The Instructions Issued on 2
July 1992 Concerning Government Lawsuits,
Do hereby issue this Law.
The provisions of Article (2)
and Article (3) of Law No. (3) of 1996 Concerning Government Claims, and its
amendments, are hereby superseded by the following:
The following words will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
Ruler: |
His Highness the Ruler of
Dubai, His Highness the Deputy Ruler of Dubai, or His Highness the Crown
Prince of Dubai. |
|
Government: |
The Government of the
Emirate of Dubai and any of its departments, including public corporations or
authorities. |
|
HHRC:
|
His Highness the Ruler’s
Court. |
|
Claims: |
Legal claims. |
a. Courts
may not hear any Claim against the Ruler without obtaining approval of His
Highness.
b. A
president or judge of a court will submit the statement of Claim to the director
of the HHRC to present it to the Ruler. Where the Ruler approves filing the
Claim, the statement of Claim will be returned to the court together with the
approval to commence the proceedings.
c. Claims
against the Ruler will be brought against the director of the HHRC in his
capacity as a defendant. Claims will be filed on behalf of the Ruler by the director
of the HHRC who may appoint the attorney general or any lawyers, as he deems
fit, to represent him.
d. Claims
against the Government will be brought against the attorney general as a defendant
in his capacity as a representative of the Government, subject to the following
procedures:
1. any
person wishing to file a Claim against the Government must submit full details
of his Claim in writing to the office of the legal advisor to the Government of
Dubai; and
2. within
one (1) week of receiving the details of the Claim, the legal advisor will send
a letter describing the Claim to the relevant entity for its comments. The relevant
entity must respond within fifteen (15) days from the date of receiving the
letter. In the event of failure to amicably settle the dispute within two (2)
months of the date of submitting the details of the Claim to the legal advisor,
the claimant will have the right of recourse to the competent court.
The following Article (3) bis will
be added to the above-mentioned Law No. (3) of 1996 Concerning Government
Claims:
1. No
debt may be recovered from, and no obligation may be enforced against, the
Ruler or the Government by way of taking possession, seizure, sale by public
auction, or acquisition by any other legal process, of the property or assets
of the Ruler or the Government, whether or not a final judgment in respect of
such debt or obligation has been rendered.
2. Where
a final judgment is rendered against the Government, the attorney general will submit
a certified copy of the final judgment to the director of the HHRC to order its
enforcement. A judgment rendered against the Ruler will be submitted to His
Highness to order its enforcement. Enforcement departments may not take any
action to enforce such judgments.
The Instructions Issued on 2 July 1992
Concerning Government Lawsuits are hereby
repealed.
This Law comes into force on the day on which it is issued, and will be published in the Official
Gazette.
Maktoum
bin Rashid Al Maktoum
Ruler of Dubai
Issued
in Dubai on 10 May 2005
Corresponding
to 2 Rabi al-Thani 1426 A.H.
©2014
The Supreme Legislation Committee in the Emirate of Dubai
[1]Every
effort has been made to produce an accurate and complete English version of
this legislation. However, for the purpose of its interpretation and
application, reference must be made to the original Arabic text. In case of
conflict the Arabic text will prevail.