Administrative
Resolution No. (51) of 2020 Concerning the
Jurisdiction
of the Centre for Amicable Settlement of Disputes[1]
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The
President of the Dubai Courts,
After
perusal of:
Federal
Law No. (11) of 1992 Issuing the Civil Procedure Code and its amendments;
Federal
Law by Decree No. (14) of 2018 Concerning the UAE Central Bank and Regulating
Financial Institutions and Services and its amendments;
Cabinet
Resolution No. (57) of 2018 Concerning the Regulatory Bylaw of Federal Law No.
(11) of 1992 Issuing the Civil Procedure Code and its amendments;
Law
No. (16) of 2009 Establishing the Centre for Amicable Settlement of Disputes
(the “CASD”);
Law
No. (6) of 2005 Regulating the Dubai Courts and its amendments;
Law
No. (13) of 2016 Concerning the Judicial Authorities in the Emirate of Dubai;
Decree
No. (23) of 2020 Regulating
the Sale by Heirs of Residential Real Property in the Emirate
of Dubai;
Executive
Council Resolution No. (53) of 2016 Approving the Organisational Structure of
the Dubai Courts; and
Administrative
Resolution No. (1) of 2017 Concerning the Jurisdiction of the Centre for
Amicable Settlement of Disputes, and
Upon
the recommendation made at the meeting of the Supreme Judicial Affairs
Committee no. (05-2020) dated 13 July 2020,
Does
hereby issue this Resolution.
The
CASD will have jurisdiction over:
1.
disputes related to the subdivision
of property which
is co-owned in
undivided shares;
2.
disputes involving claims not
exceeding two hundred thousand Dirhams (AED 200,000.00);
3.
applications for ratification of
amicable settlements and agreements, irrespective of their value or the parties
thereto;
4.
applications for appointing experts
prior to initiating judicial proceedings, irrespective of the parties to the
dispute; and
5.
subject to the approval of the
president of the competent court, applications for ratification
of amicable settlements and agreements in respect of lawsuits
that are being heard by a court of first instance, irrespective of the value of
the claims or the parties thereto.
Notwithstanding
the provisions of Article (1) of this Resolution, the CASD will have no jurisdiction
over:
1.
substantive
labour disputes;
2.
disputes related to family affairs;
3.
substantive disputes where one of
the parties is a private financial establishment to which the above-mentioned
Federal Law by Decree No. (14) of 2018 applies; and
4.
disputes related to the subdivision
of Residential Real Property which is co-owned by heirs in undivided shares,
and to which the provisions of the above-mentioned Decree No. (23) of 2020
apply.
One
or more judges of
the Courts of First Instance, appointed by the President of the Courts of First
Instance, will undertake the
judicial supervision of the CASD and ratification of
amicable settlements and agreements.
The
above-mentioned Administrative Resolution No. (1) of 2017 is hereby repealed.
Any provision in any other administrative resolution will also be repealed to
the extent that it contradicts the provisions of this Resolution.
This
Resolution will be published in the Official Gazette and will come into force
on the day on which it is published.
President of the Dubai Courts
Issued in Dubai on 16 September 2020
Corresponding to 28 Muharram 1442 A.H.
©2020 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.