Executive Council Resolution No. (54) of 2023

Approving the Fees and Fines Related to Conducting

Conciliation in the Emirate of Dubai^{^[1]}

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We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,

After perusal of:

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

Law No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate of Dubai and its amendments;

Law No. (21) of 2015 Concerning Judicial Fees of the Dubai Courts and its amendments;

Law No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai, and its Implementing Bylaw and its amendments;

Law No. (18) of 2021 Regulating Conciliation in the Emirate of Dubai; and

Executive Council Resolution No. (36) of 2011 Approving the Service Fees of the Dubai Courts,

Do hereby issue this Resolution.

Definitions

Article (1)

The words and expressions mentioned in this Resolution will have the same meaning assigned to them in the above-mentioned Law No. (18) of 2021.

Approval of Fees

Article (2)

Pursuant to this Resolution, the fees set out in Schedule (1) attached hereto for registering Private Conciliators on the Roll, for issuing Permits to Authorised Entities, and for providing other associated services, are approved.

Approval of Fines

Article (3)

‌Without prejudice to any stricter penalty stipulated in any other resolution, the fines indicated opposite each of the violations set out in Schedule (2) attached hereto are hereby approved. ‌

Payment of Fees and Fines

Article (4)

The fees and fines collected pursuant to this Resolution will be paid to the Public Treasury of the Government of Dubai.

Repeals

Article (5)

Any provision in any other resolution is hereby repealed to the extent that it contradicts the provisions of this Resolution.

Publication and Commencement

Article (6)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Hamdan bin Mohammed bin Rashid Al Maktoum

Crown Prince of Dubai

Chairman of the Executive Council

Issued in Dubai on 19 June 2023

Corresponding to 1 Thu al-Hijjah 1444 A.H.

Schedule (1)

Conciliation Fees

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SN	Description	Fee (in dirhams)
1	Registration of a Private Conciliator on the Roll	300.00
2	Renewal of registration of a Private Conciliator on the Roll	200.00
3	Issuing a Permit to an Authorised Entity	2,000.00
4	Renewal of the Permit of an Authorised Entity	500.00
5	Issuing an identification card for a Private Conciliator	100.00
6	Issuing a replacement for a lost or damaged identification card for a Private Conciliator	100.00
7	Transferring the registration of a Private Conciliator from an Authorised Entity to another	300.00
8	Issuing an additional copy of a Permit	100.00

Schedule (2)

Violations and Fines of Authorised Entities and Private Conciliators

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SN	Violation	Fine (in dirhams)
1	Hiring, by a Firm, a person who is not registered on the Roll as a practising Conciliator	10,000.00
2	Conducting Conciliation, by a Private Conciliator registered on the Roll, through an entity which is not authorised to conduct Conciliation	5,000.00
3	Failure by an Authorised Entity to notify the CASD of any change related to the work of its Private Conciliators, within thirty (30) days from the date of such change	5,000.00
4	Failure by an Authorised Entity to notify the CASD of any amendment or variation of the details of the commercial licence issued to the Authorised Entity by the competent licensing authority in the Emirate, within thirty (30) days from the date of amendment or variation	5,000.00
5	Providing false documents or information in order to be registered on the Roll or to obtain a Permit	10,000.00
6	Failure by an Authorised Entity to maintain, for the period prescribed by the Courts, a special record of the details and dates of the Conciliation services performed by that Authorised Entity, and the names of the relevant Disputants	5,000.00
7	Failure by a Private Conciliator to record in the System adopted by the Courts a Conciliation Agreement concluded in respect of a Dispute registered on the System, within one (1) week from signing the Conciliation Agreement by the Disputants	5,000.00
8	Failure to comply with the instructions, guidelines, and requirements adopted by the Courts in respect of the use of the systems, records, and documents required for conducting Conciliation	5,000.00
9	Recording in the System a Conciliation Agreement over which the CASD has no jurisdiction under the above-mentioned Law No. (18) of 2021	10,000.00
10	Recording in the System a Conciliation Agreement for a Dispute in which one of the Disputants is the Private Conciliator's spouse, or relative up to the fourth degree, unless it is established that the Disputants have consented to assigning him to conduct the Conciliation	10,000.00
11	Recording in the System a Conciliation Agreement for a Dispute in which the Private Conciliator has previously represented any of the Disputants in the same or any other Dispute, unless it is established that the Disputants have consented to assigning him to conduct the Conciliation	10,000.00
12	Recording in the System a Conciliation Agreement for a Dispute in which the Private Conciliator is a partner of any of the Disputants, whether this partnership is entered into prior to or during the Conciliation proceedings, unless it is established that the Disputants have consented to assigning him to conduct the Conciliation	10,000.00
13	Disclosure to a third party by the Private Conciliator of any information pertaining to the Conciliation Agreement or the relevant Dispute, which is obtained by the Private Conciliator as a result of performing his duties	10,000.00
14	Providing any unrelated third party with information from the records of the Dispute without an order from the Competent Court.	10,000.00
15	Providing a copy of the Conciliation Agreement to any unrelated third party without the approval of the Competent Court	10,000.00
16	Recording a Conciliation Agreement in the System without verifying the identity, capacity, and consent of the concerned parties or their legal representatives; without ensuring that they are aware of the content of the Dispute and the Conciliation Agreement; or without verifying their legal capacity to conclude the Conciliation Agreement	10,000.00
17	Failure to display the Permit in a prominent place accessible to the public	2,000.00
18	Failure to cooperate with the employees of the CASD, or obstruction of their work, by an Authorised Entity or a Private Conciliator	5,000.00
19	Failure by an Authorised Entity or a Private Conciliator to provide any data or information required by the employees of the CASD	5,000.00

[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.