Resolution No. (9) of 2023

Delegating Certain Powers of the Head of the

Local Judiciary to the President of the Dubai Courts and the

Attorney General of the Emirate of Dubai^{^[1]}

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We, Maktoum bin Mohammed bin Rashid Al Maktoum, First Deputy Ruler of Dubai, Chairman of the Judicial Council,

After perusal of:

Federal Law by Decree No. (31) of 2021 Issuing the Crime and Punishment Law (the “Crime and Punishment Law”);

Federal Law by Decree No. (38) of 2022 Issuing the Criminal Procedure Code (the “Criminal Procedure Code”);

Federal Law by Decree Issuing the Civil Procedure Code (the“ Civil Procedure Code”);

Law No. (13) of 2016 Concerning the Judicial Authorities in the Emirate of Dubai and its amendments;

Decree No. (35) of 2021 Designating the Head of the Local Judiciary in the Emirate of Dubai for the Purposes of Implementing Federal Legislation;

Resolution No. (14) of 2021 Approving the Functions of the General Secretariat and the Secretary General of the Judicial Council of the Emirate of Dubai; and

Resolution No. (1) 2022 Delegating Certain Powers to the President of the Dubai Courts,

Do hereby issue this Resolution.

Powers Delegated to the President of the Dubai Courts

Article (1)

For the purposes of issuing regulatory resolutions and taking the actions and measures stipulated in the Civil Procedure Code, the President of the Dubai Courts is hereby delegated the following powers of the Head of the Local Judiciary:

1. to approve the use of the English language in trials, proceedings, judgements, and decisions at certain specialised Court divisions when hearing disputes related to technical matters or specific claim(s), in accordance with the provisions of the Civil Procedure Code;

2. to issue a regulation to govern the service of process by private companies and firms in accordance with the provisions of the Civil Procedure Code;

3. to designate, and prescribe the terms of reference of, one or more Court divisions to determine any claims referred to them at a single session in which a decision is delivered or a hearing is scheduled for its delivery. This applies only to the claims specified in Article (29) of the Civil Procedure Code;

4. to prescribe rules for referring certain claims to one or more divisions of the Courts of First Instance or Court of Appeal, where the case is prepared as stipulated in Article (30) of the Federal Civil Procedure Code. This includes specifying the type or nature of these claims;

5. to prescribe rules for selecting and appointing expert witnesses, determining their remuneration or salaries, and establishing the method of distributing their work to the court divisions designated for reviewing or preparing expert witness reports, as stipulated in Article (30) of the Civil Procedure Code;

6. to prescribe the rules governing the work of expert witnesses, and the prohibited acts they must avoid; and to regulate their relationship with judges and litigants;

7. to issue a manual for the system of registering claims, applications, grievances, and appeals, in line with the financial, administrative, and technical rules applicable to the Dubai Courts, and with a view to facilitating the implementation of registration procedures and processes;

8. to accredit the private companies and firms undertaking the execution of court judgements, and prescribe the fees payable for the judgement execution duties assigned to them, in accordance with the legislation in force; and

9. to issue regulatory resolutions concerning the registration of applications for the execution of court judgements and the method of creating judgement execution case files.

Powers Delegated to the Attorney General of the Emirate of Dubai

Article (2)

The Attorney General of the Emirate of Dubai is hereby delegated the power vested in the Head of the Local Judiciary under Article (305) of the Criminal Procedure Code to determine the penal institutions to which facilities for treatment of the inmates, who suffer from mental or psychological disorders and are deemed dangerous pursuant to Article (140) of the Crime and Punishment Law, are affiliated.

Review and Amendment

Article (3)

The General Secretariat of the Judicial Council will, on a regular basis and in coordination with the Dubai Courts and the Public Prosecution, as the case may be, review the powers delegated under this Resolution; and submit the findings of this review and its recommendations in respect of the same to the Chairman of the Judicial Council.

Repeals

Article (4)

The above-mentioned Resolution No. (1) of 2022 is hereby repealed. Any provision in any other resolution is also hereby repealed to the extent that it contradicts the provisions of this Resolution.

Commencement and Publication

Article (5)

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

Maktoum bin Mohammed bin Rashid Al Maktoum

First Deputy Ruler of Dubai

Chairman of the Judicial Council

Issued in Dubai on 14 June 2023

Corresponding to 25 Thu al-Qidah 1444 A.H.

[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.