Resolution No. (8) of 2022
Determining the Disputes Falling within 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. (10) of 1992 Issuing the Law of Evidence Governing Civil and Commercial Transactions and its amendments;
Federal Law No. (11) of 1992 Issuing the Civil Procedure Code, its Regulatory Bylaw, and their amendments;
Federal Law by Decree No. (14) of 2018 Concerning the UAE Central Bank and Regulating Financial Institutions and Services and its amendments;
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 and its amendments;
Law No. (13) of 2020 Regulating Expert Witness Work before the Judicial Authorities in the Emirate of Dubai;
Law No. (18) of 2021 Regulating Conciliation in the Emirate of Dubai;
Executive Council Resolution No. (53) of 2016 Approving the Organisational Structure of the Dubai Courts; and
Administrative Resolution No. (51) of 2020 Concerning the Jurisdiction of the Centre for Amicable Settlement of Disputes,
Does hereby issue this Resolution.
Subject to the provisions of Article (5) of the above-mentioned Law No. (18) of 2021, the Centre for Amicable Settlement of Disputes (the "CASD") will have jurisdiction to consider and determine:
1.
Disputes
related to the subdivision of property co-owned in undivided shares;
2.
Disputes
involving claims not exceeding five hundred thousand dirhams (AED 500,000.00),
excluding substantive Disputes where one of the
parties is a private financial institution to which the above-mentioned Federal
Law by Decree No. (14) of 2018 applies;
3.
applications
for ratification of amicable settlements and agreements, irrespective of the
value of the relevant claims;
4.
the
Disputes whose parties agree that they be heard by the CASD; and
5.
applications
for appointing experts prior to initiating judicial proceedings.
The Chief Justice of the Courts of First Instance will assign one or more of the Judges of the Courts of First Instance to undertake judicial supervision of the CASD, approve applications for ratification of settlements and Conciliation Agreements, and determine the Disputes brought before the CASD, in accordance with the above-mentioned Law No. (18) of 2021.
The above-mentioned Administrative Resolution No. (51) of 2020 is hereby repealed. Any provision in any other resolution is also hereby 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 11 February 2022
Corresponding
to 10 Rajab 1443 A.H.
©2022 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.