Law
No. (9) of 2025
Amending
Law
No. (18) of 2021
Regulating
Conciliation in the Emirate of Dubai[1]
ــــــــــــــــــ
We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law by Decree No. (42) of 2022 Issuing the Civil Procedure
Code;
Federal Law by Decree No. (41) of 2024 Issuing the Family
Law;
Law No. (21) of 2015 Concerning Judicial Fees of 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. (18) of 2021 Regulating Conciliation in the Emirate
of Dubai
(the “Original Law”);
Decree No. (25) of 2023 Establishing the Probate Court in
the Emirate of Dubai; and
Resolution No. (3) of 2021 Approving the Family Law
Regulatory Procedures Manual of the Dubai Courts,
Do
hereby issue this Law.
Articles
(2), (5), (6), (8), (9), (23), (24), (27), (28), and (30) of the Original Law
are hereby superseded by the following:
The
following words and expressions, wherever mentioned in this Law, will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Government: |
The Government of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of Dubai. |
|
Courts: |
The Dubai Courts. |
|
Government Entity: |
Any of the departments, public agencies and
corporations, councils, authorities, or other public entities affiliated to
the Government, including the authorities supervising special development zones and free zones. |
|
President: |
The President of the Courts. |
|
Director: |
The Director of the Courts. |
|
Chief Justice: |
The Chief Justice of the Courts of First Instance. |
|
CASD: |
The Centre for Amicable Settlement of Disputes
regulated by this Law. |
|
Dispute: |
Any civil, commercial, or family dispute which the
CASD has jurisdiction to consider in accordance with the provisions of this
Law and the resolutions issued in pursuance hereof. |
|
Conciliation: |
An alternative Dispute resolution method through
which amicable settlements are reached between Disputants. |
|
Conciliation Agreement: |
An agreement concluded by Disputants, under the
supervision of a Conciliator, whereby the Dispute is amicably settled upon
satisfying the requirements and procedures stipulated in this Law and the
resolutions issued in pursuance hereof. |
|
System: |
An electronic system developed by the Courts for
registering the Disputes referred for Conciliation in accordance with the provisions
of this Law, the Conciliation Agreements, and the procedures taken to affix
the executory formula to such agreements. |
|
Competent Judge: |
A Judge at the Courts of First Instance of the
Courts who is assigned to exercise judicial supervision over the Conciliation
procedures and to determine the Disputes referred to him in accordance with
the provisions of this Law. |
|
Conciliator: |
This includes the CASD employees appointed as
Conciliators; Private Conciliators; Government Entity employees; and counsellors
of the Family Guidance and Reconciliation Committee who are assigned to
facilitate Conciliation between Disputants in accordance with the provisions
of this Law. |
|
Private Conciliator: |
A Conciliator who works for an Authorised Entity. |
|
Family Guidance and Reconciliation Committee: |
The committee vested with the function to facilitate
Conciliation between parties to family Disputes, in accordance with the
relevant approved rules and procedures. |
|
Authorised Entity: |
A company or sole proprietorship authorised by the
CASD to settle Disputes through Conciliation in accordance with the
provisions of this Law. |
|
Disputant: |
A natural or legal person who is party to a Dispute. |
|
Committee: |
The Conciliators Affairs Committee formed within the
Courts pursuant to the provisions of this Law. |
|
Roll: |
The paper or electronic record maintained by the
Courts in which the Government Entity employees serving as Conciliators, and
the Private Conciliators, who meet the conditions and requirements stipulated
in this Law and the resolutions issued in pursuance hereof, are registered. |
|
Permit: |
A document issued by the Courts authorising an
Authorised Entity to provide Conciliation services in accordance with the
requirements and procedures stipulated in this Law and the resolutions issued
in pursuance hereof. |
|
Signature: |
This includes handwritten signatures, fingerprints,
or electronic or digital signatures. |
a.
Conciliation must be proposed in the
following Disputes and claims:
1.
the Disputes specified by the
relevant resolution of the President, irrespective of their value or nature;
2.
family Disputes;
3.
the Disputes whose parties agree
that they be heard by the CASD; and
4.
the claims referred to the CASD by
the courts hearing them based on an agreement between the litigants at any
stage of litigation.
b.
Conciliation may not be proposed in
the following Disputes, orders, matters, and claims:
1.
Disputes to which the Government is
a party;
2.
interim orders and applications, and
summary proceedings, including those related to spousal maintenance, child
custody, and guardianship;
3.
matters related to wills,
inheritance, and similar issues, without prejudice to the powers vested in the
Probate Court to propose a settlement to the parties to an Estate Claim
pursuant to the above-mentioned Decree No. (25) of 2023;
4.
claims in which Conciliation is not
conceivable, such as claims for proving marriage or divorce;
5.
Disputes and other matters which do
not fall within the jurisdiction of the Courts but fall within the jurisdiction
of other entities, centres, or tribunals; and
6.
Disputes and other matters in
respect of which Conciliation is not permissible under the legislation in force
in the Emirate.
a.
A Dispute registered in the System
and referred to the CASD for amicable settlement will be considered by the
Conciliator under the supervision of the Competent Judge.
b.
In considering the Disputes brought
before the CASD, all the procedures, requirements, and provisions stipulated in
this Law and the resolutions issued in pursuance hereof will be complied with.
d.
The CASD and the Family Guidance and
Reconciliation Committee may, as they deem appropriate, engage any expert witness
to provide a technical expert's opinion on the matters brought before them. The
decision engaging the expert witness will specify the scope of his assignment,
the period required for completion of this assignment, his remuneration, and
the party liable for payment of such remuneration.
e.
Where Conciliation is reached
between the Disputants, it will be documented in a Conciliation Agreement
signed by the Disputants and approved by the Conciliator. This agreement will,
upon affixing the executory formula thereto, have the force of a writ of
execution in accordance with the requirements and procedures stipulated in this
Law and the resolutions issued in pursuance hereof.
a.
Subject to the provisions of Article
(7) of this Law, a Government Entity or an Authorised Entity will consider
Disputes upon referral of the same to it by the CASD or based on an application
submitted to it by the Disputants, in accordance with the provisions of this
Law and the resolutions issued in pursuance hereof.
b.
A Government Entity or an Authorised
Entity must comply with the following:
1.
It must register the Disputes
brought before it in the System and appoint one of its Conciliators who are
registered on the Roll to consider the Dispute and propose Conciliation to the
Disputants.
2.
Where Conciliation is reached
between the Disputants, it will be documented in a Conciliation Agreement
signed by the Disputants and approved by the Conciliator. This agreement will,
upon affixing the executory formula thereto, have the force of a writ of
execution in accordance with the requirements and procedures stipulated in this
Law and the resolutions issued in pursuance hereof.
3.
Where Conciliation between the
Disputants cannot be reached for any reason whatsoever, the Conciliator will
refer the Dispute to the CASD to follow the procedures stipulated in Article
(28) of this Law.
c.
In considering Disputes and
facilitating Conciliation by a Government Entity or an Authorised Entity, the
rules and procedures stipulated in this Law and the resolutions issued in
pursuance hereof will apply.
For
the purposes of this Law, the Chief Justice will:
1.
supervise the CASD;
2.
assign one or more Judges of the
Courts of First Instance to supervise Conciliation and determine any Disputes
referred to him under this Law; and
3.
perform any other duties assigned to
him by the President or the Chairman of the Judicial Council.
a.
Conciliation between the Disputants
will be documented in a Conciliation Agreement.
b.
A Conciliation Agreement must be
drafted in plain language and must state the full names, legal representatives,
nationalities, and places of residence or business of the Disputants.
c.
A Conciliation Agreement may be made
in any form of definitive and binding agreement, provided that the relevant
approval of the Disputants is obtained and that the provisions of the agreement
do not conflict with the legislation in force, public order, or morals of the
UAE.
d.
Concluding a Conciliation Agreement
will result in termination of the litigation between the Disputants in respect
of the subject matter of the Dispute; and neither Disputant may file a claim in
respect of the same subject matter with the Judicial Authorities.
e.
A
Conciliation Agreement must be entered into the System in Arabic and must be approved by the Conciliator. The
Conciliation Agreement may be translated into a foreign language, in which case
the agreement must be prepared in both languages in dual text format and must
be attested by a legal translator licensed by the competent entities in the
UAE. In case of conflict between the Arabic and English texts, the Arabic text
will prevail.
f.
Any
of the Disputants may, at his own discretion, consult with any person and have
him review the draft Conciliation Agreement before signing the agreement and
having it approved by the Conciliator.
The
assignment of a Conciliator will be concluded in any of the following cases:
1.
approval of Conciliation Agreements;
2.
where any of the Disputants becomes
unwilling to continue the Conciliation proceedings;
3.
where the continuation of
Conciliation proceedings is infeasible, as determined at the sole discretion of
the Conciliator;
4.
upon the lapse of the time limit
prescribed for settling the Dispute, unless the Competent Judge decides to
extend this time limit;
5.
in case of death or incapacitation
of any of the Disputants; or
6.
in case of death or incapacitation
of the Conciliator, or where his name is struck off the Roll.
a.
A
Conciliation Agreement will be approved, and the executory formula will be
affixed thereto, subject to the following requirements:
1.
The Government Entity Employee
serving as a Conciliator, or the Private Conciliator, must be either registered
on the Roll or be a member of the Family Guidance and Reconciliation Committee.
2.
The Dispute and the Conciliation
Agreement must be entered in the System.
3.
If the Conciliation Agreement is
translated from Arabic into another language, it must be signed by, and stamped
with the seal of, a legal translator licensed by the competent entities in the
UAE; and the translator's name must appear along with his Signature or seal.
4.
The Conciliation Agreement must be
signed by the Disputants, and proof of their capacity to execute the agreement
must be recorded therein.
5.
The Conciliation Agreement must not
conflict with public order and morals in the UAE.
b.
Upon verifying that the requirements
stipulated in paragraph (a) of this Article are met, the Conciliator must endorse
the Conciliation Agreement and affix the executory formula thereto.
c.
No Disputant may file a grievance
against the Conciliator’s decision to endorse the Conciliation Agreement,
except in cases of fraud or deception. In such cases, the grievance must be
submitted within five (5) working days from the date on which the Conciliation
Agreement is endorsed. The Competent Judge must determine the grievance within
five (5) working days from the date on which the grievance is presented to him,
and his decision in this respect will be final.
d.
A Disputant may file a grievance
against the Conciliator’s decision to reject the proposed Conciliation
Agreement. In this case, the grievance must be submitted within five (5)
working days from the date on which the Conciliation Agreement is rejected. The
Competent Judge must determine the grievance within five (5) working days from
the date on which the grievance is presented to him, and his decision in this
respect will be final.
e.
A copy of the Conciliation Agreement
bearing the executory formula will be delivered exclusively to each concerned
party.
f.
A second copy of the Conciliation
Agreement bearing the executory formula may be delivered to any concerned party
only pursuant to an order issued by the Competent Judge after verifying that
the first copy is lost or cannot be used for any reason whatsoever.
a.
No claim or Dispute in respect of
which Conciliation must be proposed in accordance with the provisions of this
Law and the resolutions issued in pursuance hereof may be registered with the
Courts unless it has first been referred to the CASD, the Family Guidance and
Reconciliation Committee, the Government Entity, or the Authorised Entity. If
any such a claim or Dispute is registered with the Courts, the Courts must
refer it to the CASD, the Family Guidance and Reconciliation Committee, the Government
Entity, or the Authorised Entity, as the case may be, to exercise its legally
prescribed jurisdiction.
b.
No claim or Dispute in respect of
which Conciliation may not be proposed under the provisions of this Law and the
resolutions issued in pursuance hereof may be registered with the CASD, the
Family Guidance and Reconciliation Committee, any Government Entity, or any
Authorised Entity. In such cases, these entities must refer the claim or
Dispute to the Courts to exercise their legally prescribed jurisdiction.
c.
Where the CASD is unable to settle
the Dispute amicably through Conciliation for any reason whatsoever, the
Dispute must be brought before the Competent Judge for determination pursuant
to a reasoned decision concluding the litigation proceedings or referring the
claim to the Competent Court, as the case may be.
d.
Where the value of the Dispute does
not exceed the maximum amount of a claim falling within the jurisdiction of the
Court of First Instance, as prescribed by the above-mentioned Federal Law by
Decree No. (42) of 2022, either Disputants may submit a grievance against the
decision of the Competent Judge issued pursuant to the provisions of paragraph
(c) of this Article, within fifteen (15) days from the day following the date
on which the decision is issued, if it is rendered in the presence of the litigants,
or fifteen (15) days from the day following the date on which the Disputant is
served with the decision, if it is rendered in any other manner but is deemed
to have been rendered in the presence of the litigants.
e.
The grievance referred to in
paragraph (d) of this Article will be submitted to the Competent Judge for
consideration in accordance with the procedures prescribed for considering
grievances. The decision of the Competent Judge in this respect will be final,
non-appealable, and conclusive of the litigation.
f.
Subject to the provisions of
paragraph (d) of this Article, a decision of the Competent Judge concluding the
litigation may be appealed where the value of the Dispute exceeds the maximum
amount of a claim falling within the jurisdiction of the Court of First
Instance as prescribed by the above-mentioned Federal Law by Decree No. (42) of
2022. The appeal will be filed in accordance with the procedures and rules
prescribed for appealing decisions and judgements under the legislation in
force.
a.
A fee of two hundred and fifty
dirhams (AED 250.00) will be collected upon registering a Dispute in the
System.
b.
No fee will be collected, other than
the fee referred to in paragraph (a) of this Article, where the Disputants
agree to Conciliation and the Conciliation Agreement is approved by the
Conciliator and the executory formula is affixed thereto.
c.
Where the Disputants fail to agree
on Conciliation and the relevant Dispute is brought before the Competent Judge
or referred to the Competent Court, the fees prescribed for this Dispute in
accordance with the provisions of the above-mentioned Law No. (21) of 2015 and
other legislation in force in the Emirate will be charged.
This
Law will be published in the Official Gazette and will come into force on the
day on which it is published.
Mohammed bin
Rashid Al Maktoum
Ruler of Dubai
Issued in
Dubai on 8 July 2025
Corresponding to 13 Muharram 1447 A.H.
©2026 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.