Concerning
Government
Claims in the Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــ
We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After
perusal of:
Federal
Law No. (6) of 2018 Concerning Arbitration and its amendments;
Federal
Law by Decree No. (31) of 2021 Issuing the Crime and Punishment Law and its
amendments;
Federal
Law by Decree No. (38) of 2022 Issuing the Criminal Procedure Code and its
amendments;
Federal
Law by Decree No. (42) of 2022 Issuing the Civil Procedure Code;
Law
No. (3) of 1996 Concerning Government Claims and its amendments;
Law
No. (16) of 2006 Concerning the Interpretation of Article (3) of Law No. (3) of
1996 Concerning Government Claims;
Law
No. (32) of 2008 Establishing the Government of Dubai Legal Affairs Department;
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, its Implementing Bylaw, and their amendments;
Law
No. (13) of 2016 Concerning the Judicial Authorities in the Emirate of Dubai
and its amendments;
Law
No. (4) of 2018 Establishing the Financial Audit Authority and its amendments;
Law
No. (5) of 2021 Concerning the Dubai International Financial Centre;
Law
No. (2) of 2025 Concerning the Dubai International Financial Centre Courts;
Decree
No. (11) of 2011 Concerning Following up Government Claims Pending before the
Courts; and
Decree
No. (26) of 2013 Concerning the Rental Dispute Settlement Centre in the Emirate
of Dubai,
Do hereby issue this Law.
This Law
will be cited as "Law No. (16) of 2025 Concerning Government Claims in the
Emirate of Dubai".
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. |
|
Ruler: |
His
Highness the Ruler of Dubai. |
|
Crown
Prince: |
His
Highness the Crown Prince of the Emirate. |
|
Deputy
Ruler: |
This
includes Their Highnesses the First Deputy Ruler and the Second Deputy Ruler. |
|
Government: |
The
Government of Dubai. |
|
Judicial
Body: |
This
includes the Dubai Courts, the Dubai International Financial Centre Courts,
special judicial tribunals, the Rental Disputes Settlement Centre, and any
other judicial authority, whether within or outside the UAE. |
|
HHRC
Director: |
The
Director General of H.H. the Ruler’s Court. |
|
Department:
|
The
Government of Dubai Legal Affairs Department. |
|
Director
General: |
The
Director General of the Department. |
|
Government
Entity: |
Any of the Government departments;
public agencies or corporations; Government councils or authorities,
including the authorities supervising Special Development Zones and free
zones, including the Dubai International Financial Centre. |
|
Complaint: |
A
substantive complaint submitted to the Department against the Government or a
Government Entity, in which the claimant seeks a determination on the merits
of the subject matter of the Complaint by means of a judgment that acquires
the finality of res judicata. This does not include urgent or interim
applications submitted to a judge reviewing urgent matters for an order
granting interim judicial protection made without prejudice to the merits of
the subject matter, nor does it include reports alleging the commission of
criminal offences. |
|
Claim: |
Any
substantive proceeding, or any urgent or interim dispute or application, to
which the Government or a Government Entity is a party, including proceedings
before Judicial Bodies of all types and levels; before conciliation or arbitration
bodies, tribunals, or centres, within or outside the UAE; and before
execution circuits for the enforcement of judgments and any enforceable
instruments issued in favour of or against
the Government or a Government Entity. Criminal proceedings are excluded. |
|
A certificate issued by the Department
to a claimant stating that the Complaint submitted by them could not be
settled amicably, and that all relevant requirements and procedures
prescribed under this Law have been duly satisfied with regards to their
Complaint. |
This Law
aims to:
1.
regulate,
efficiently and effectively, the procedures for receiving Complaints and
managing Claims to which the Ruler, the Crown Prince, the Deputy Ruler, the
Government, or a Government Entity is a party, so as to achieve expeditious justice;
2.
enhance
transparency
and governance in the procedures for disputes to which the Government or a
Government Entity is a party;
3.
strengthen
the role of amicable settlement in resolving Government disputes thereby
protecting the institutional reputation of the Government and Government
Entities, and reducing the litigation costs and expenses incurred by parties to
Claims brought by or against the Government and Government Entities;
4.
safeguard
the
interests of the Government and Government Entities by the Department in its
capacity as the central legal entity mandated with representing the Government
and Government Entities in Claims brought by or against them; and
5.
regulate
the
procedures for enforcing judgments and other enforceable instruments issued
against the Ruler, the Crown Prince, the Deputy Ruler, the Government, or
Government Entities.
a.
The
Department is the legal representative of the Government and Government
Entities in all Claims and disputes brought
by or against them before Judicial Bodies, conciliation and arbitration bodies,
tribunals, and centres as well as before the entities whose decisions are
subject to appeal before Judicial Bodies through a special mechanism provided
for by legislation, within or outside the UAE. The Director General may
delegate or depute any of the Department’s legal counsels or legal officers to
represent the Government and Government Entities in such Claims and disputes.
b.
The
management of any Complaint, Claim, or execution file falls within the
competence of the Department. A Government Entity may not take any action in
relation to a Complaint, Claim, or execution file, including concluding an amicable
settlement in respect of a Complaint, without first coordinating with the Department
and obtaining its approval for that action. In any event, the Government Entity
must comply with the recommendations issued by the Department in this regard.
c.
The
Department must
keep the Government Entity it represents informed of the procedures and
developments related to the Complaint, Claim, or execution file, in accordance
with the procedures adopted by the Department in this regard.
d.
The
Director
General may delegate or confer powers upon whoever he deems fit from those of
experience and speciality from among the advocates or legal consultants, or
legal staff of the concerned Government Entity to represent the Government or
Government Entities in the Claims and disputes brought by or against them, in
accordance with the rules and procedures specified by the Department in this regard.
a.
Any
Person wishing to bring a Claim against the Government or a Government Entity
must, prior to initiating any procedure for registering that Claim before a
Judicial Body, or a conciliation or an arbitration
body, tribunal, or centre, submit to the Department, through the means approved
by it, a statement of Complaint containing the details of the Complaint together
with its supporting documents.
b.
The
statement of Complaint must include:
1.
the
claimant’s
name, surname, identification documents’ details, contact details, and domicile;
and, where the claimant has no domicile in the UAE, he must provide a domicile of
choice;
2.
the
name, surname, identification documents’ details, contact details, profession
or occupation, details of the power of attorney, domicile, and place of work of
the claimant’s legal representative, if any;
3.
the
name
of the Government Entity against which the Complaint is submitted;
4.
the subject matter and the details
of the Complaint together with the remedies sought and their legal grounds;
5.
the signature of the claimant or their
legal representative; and
6.
any other information or documents
specified by the Department.
c.
Where
a statement of Complaint does not satisfy the information and documents
referred to in paragraph (b) of this article, the Department may grant the claimant
a specified period to satisfy them. In any event, if the
required information and documents are not satisfied within that prescribed
period, the statement of Complaint will not be accepted, and its submission
will not suspend any time bar periods or periods relating to non-admissibility of
the Claim, nor will it suspend any other statutory limitation periods
prescribed under the applicable legislation in the Emirate.
a. The Department will
refer the statement of Complaint to the Government Entity against which the
Complaint is submitted within five (5) working days from the date on which the Department
receives the statement of Complaint that meets the requirements for acceptance,
or from the date on which any missing information or documents are provided within
the period prescribed by the Department, in accordance with paragraph (c) of Article
(5) of this Law.
b.
The
Government Entity against which a Complaint is submitted is obligated to provide
the Department with a response to all matters set out in the statement of Complaint,
supported by the relevant documents, within fifteen (15) working days from the
date of receiving the statement of Complaint.
a.
The
Department shall endeavour to amicably settle the dispute subject matter of the
Complaint within a period not exceeding
sixty (60) working days from the date on which the statement of Complaint is
submitted.
b.
The
Department may request from the Government Entity against which a Complaint is
submitted to provide any additional documents or information that may be
required for reviewing
the Complaint and attempting its amicable settlement.
c.
Upon
the claimant’s request, the Department will issue a Certificate of Procedural
Compliance if the dispute is not amicably
settled by the end of the period referred to in paragraph (a) of this Article.
In any event, the claimant shall, upon the expiry of that period, have the
right to bring their Complaint before a Judicial Body or a conciliation or an arbitration
body, tribunal, or centre, as the case may be.
d.
Notwithstanding
paragraph (c) of this article, the Director General may, upon the claimant’s
request, approve the issuance of a Certificate of Procedural Compliance prior
to the expiry of the period specified in paragraph
(a) of this article if it is established to the satisfaction of the Department
that an amicable settlement of the dispute subject matter of the Complaint is
not feasible, in accordance with the rules adopted by the Department in this regard.
a.
The
parties to a Complaint must attend the sessions convened by the Department for
the purpose of facilitating an amicable
settlement of the dispute subject matter of the Complaint.
b.
The
attendance of the claimant or their legal representative is a prerequisite for satisfying
the requirements for amicable settlement procedures prescribed under this Law.
c.
Notwithstanding
the attendance of the claimant’s legal representative at the amicable
settlement sessions, the Department may, at its discretion, require the claimant's
personal attendance for achieving the purpose of the amicable settlement
endeavours. In this case, the claimant’s personal attendance is a prerequisite
for satisfying the requirements for the amicable settlement procedures
prescribed under this Law.
The Department may, at its discretion and subject to the claimant’s
consent, continue its amicable settlement endeavours beyond the period
specified in paragraph (a) of Article (7) of this Law, without prejudice to the
claimant’s right to obtain a Certificate of Procedural Compliance upon request.
The time bar periods,
periods relating to non-admissibility and statutory limitation periods
prescribed by the applicable legislation in the Emirate will be suspended from
the date on which the Department receives a statement of Complaint that meets
the requirements for acceptance prescribed under
this Law until the expiry of the period referred to in paragraph (a) of Article
(7) hereof, or the date on which the claimant is issued with a Certificate of
Procedural Compliance in accordance with paragraphs (c) and (d) of Article (7),
and Article (9) of this Law.
Where a claimant
resubmits
a Complaint that was previously submitted to the Department and processed in
accordance with the procedures prescribed under this Law, the Department may provide
the claimant with a confirmation that they have satisfied those procedures,
without repeating the procedures prescribed under this Law.
For the
purpose of reaching an amicable settlement of a dispute, the Department may
seek assistance from technical experts and specialists
it deems fit to examine the subject matter of the Complaint in accordance with
the rules specified by the Department in this regard.
a.
A
Claim will be
commenced in accordance with the procedures set out in this Law. The Department
will represent the Government and Government Entities, whether within or
outside the UAE, before all types and levels of Judicial Bodies, and in any
dispute brought by or against them before conciliation and arbitration bodies, tribunals,
and centres; and before execution departments upon the enforcement of judgments
or other enforceable instruments issued in favour of or against the Government
or Government Entities.
b.
The
claimant must, in registering a Claim or in the course of its proceedings,
adhere to the grounds and the remedy sought
as stated in the statement of Complaint submitted to the Department under this
Law.
c.
Notwithstanding
Article (26) of this Law, where the claimant presents new grounds or remedies
related to the subject matter of the original Complaint beyond those previously
submitted to the Department, the Department must make a motion for a stay of
the Claim proceedings and to oblige the claimant to resubmit the Complaint with
regards to those new grounds or remedies and to satisfy all procedures
prescribed under this Law.
For the
purposes of this Law:
a.
The
procedures for commencing a Claim will include the preparation, signing, and
submission of the statement of Claim,
other ancillary applications, all judicial submissions, and
the appearance and pleadings before Judicial Bodies, conciliation and arbitration
bodies, tribunals, and centres until the issuance of a final or definitive
judgment or decision, or an arbitral award in respect of the Claim.
b.
Claims,
applications, and appeals commenced by the Government and Government Entities
under paragraph (a) of this article are not subject to the judicial fees
prescribed under the applicable legislation in the Emirate, nor to any bonds or
guarantees required for such Claims, applications, or appeals.
No debt
may be recovered from, and no obligation may be enforced against, the
Government or Government Entities by way of taking possession, seizure, sale by
public auction, or acquisition by any other legal process affecting the
property, funds, or assets of the Government or Government Entities, regardless
of whether a final or definitive judicial judgment or decision or an arbitral
award in respect of that debt or obligation has been issued.
Execution
circuits may not register any execution process for the enforcement of
judgments or other enforceable instruments issued against the Government or
Government Entities, nor may they undertake any execution process for the enforcement
of such judgments or enforceable instruments, and
any procedure to the contrary will be deemed null and void.
a.
The
Director General will, upon the request of the judgment creditor, submit to the
HHRC Director for the purpose of ordering enforcement, a certified copy of the
final or definitive judgment, or any enforceable instrument issued against the
Government or
Government Entities.
b.
Where
the judgment creditor delays in submitting an application for enforcement of a
final or definitive judgment or any enforceable instrument for more than sixty
(60) days from the date on which the final or definitive judgment
is issued or the enforceable instrument becomes final, the awarded legal
interest will cease accruing for the period commencing from the expiry of that
sixty-day period and ending on the date on which the enforcement application is
submitted.
c.
Notwithstanding
the provisions of this article, the HHRC Director may order an enforcement
without following the procedures set out in paragraph (a) of this article.
Where the judgment creditor has no specific address within the UAE, is outside
of the UAE, or declines to receive the awarded amount, that amount will be
deposited with the competent Judicial Body in accordance with its applicable
procedures in this regard.
For the
purposes of this Law, a Government Entity must provide the Department with all
documents and information required by the Department. Where the Government
Entity fails to provide, or delays in providing, the required documents or information
in a manner that may adversely affect the legal position of the Government or
the Government Entity, the Department
shall, in consideration of the requirements of public interest, refer the
matter to the Financial Audit Authority to take the necessary measures in this regard.
a.
The
Department will, in its discretion and in consideration of the requirements of
public interest, represent directors general,
chief executive officers/ executive directors, and other employees of the
Government and Government Entities, as well as members of Government councils/
boards and committees, and members of special judicial tribunals, before
Judicial Bodies and conciliation and arbitration bodies, tribunals, and centres
where they are sued in their personal or official capacity in claims by reason
of or in the course of performing their employment duties, whether during their
period of service or thereafter.
b.
The
provisions of Article (16) and Article (17) of this Law apply to any person
represented in accordance with paragraph (a) of this article in respect of
judgments or other enforceable instruments issued against them in their
official capacity.
c.
The
Department may delegate or confer powers upon whoever it deems fit from among
advocates or legal consultants, or legal staff of the concerned Government
Entity to manage the claims referred to in paragraph (a) of this article.
a.
Without
prejudice to the powers vested in the Department of Finance to settle financial
transactions between Government
Entities as set out in the above-mentioned Law No. (1) of 2016, the Department
will have the jurisdiction to consider the complaints and disputes arising
between Government Entities based on their respective legal positions; and to
settle these disputes by means of a final resolution binding on the parties and
issued in accordance with the rules and procedures adopted by the Department in
this regard.
b.
A
special judicial tribunal
may be formed to settle disputes arising between Government Entities, or
between them and companies wholly owned by the Government or by any other
Government Entity. This tribunal must be formed by a decision of the Ruler based
on the recommendation of the Department and on the approval of the Chairman of
the Judicial Council of the Emirate.
A
Government Entity must notify the Department of its disputes that are subject to
mediation procedures before initiating these procedures. The Department will,
upon request, provide the necessary legal support to the Government Entity.
The Department
may, in consideration of the requirements of public interest and upon the
request of companies owned by the Government or Government Entities or in which
they hold shares, represent those companies in claims
and disputes brought by or against them, within or outside the UAE, before
Judicial Bodies, conciliation and arbitration bodies, tribunals, and centres, and
the entities whose decisions are subject to appeal before Judicial Bodies
through a special mechanism provided for by legislation. In such cases, the Department
may delegate or confer powers upon whoever it deems fit from among advocates or
legal consultants to represent those companies.
A
Government Entity may not conduct or accept any conciliation in respect of any Complaint,
Claim, or enforcement
proceedings being managed by the Department without first obtaining the
relevant approval of the Department.
a.
The
Department will represent Government Entities in initiating civil action during
the evidence-gathering stage or investigation
before the public prosecution or the court hearing the criminal proceedings, in
accordance with the above-mentioned Federal Law by Decree No. (38) of 2022.
b.
The
Department
may, at its discretion and in consideration of the requirements of public
interest, represent Government Entities in criminal reports filed by or against
them.
c.
The
Department may, at its discretion and in consideration of the requirements of
public interest, represent any of the individuals
referred to in paragraph (a) of Article (19) of this Law in criminal reports
and proceedings arising by reason of or in the course of performing their
employment duties, whether during their period of service or thereafter, in any
of the following:
1.
criminal
reports filed by or against them;
2.
criminal
proceedings involving accusations or offences brought against them; or
3.
initiating
civil action during the evidence-gathering stage or investigation before the public
prosecution or the court hearing the criminal case, in accordance with the
above-mentioned Federal Law by Decree No. (38) of 2022.
d.
In
the cases
referred to in this article, the Department may delegate or confer powers upon
whoever it deems fit from among advocates or legal consultants, or legal staff of
the concerned Government Entity to represent the Government Entities and the
individuals referred to in paragraph (a) of Article (19) of this Law.
a.
No
claim
whatsoever may be registered before a Judicial Body against the Ruler, the
Crown Prince, or the Deputy Ruler without first obtaining the approval of the
Ruler.
b.
An application to file a claim
against the Ruler, the Crown Prince, or the Deputy Ruler will be submitted to
the HHRC Director, stating the subject matter, details, and grounds of the
application. The HHRC Director will present the application to the Ruler and,
if approved, will notify the head of the Judicial Body for the purpose of
informing the applicant to complete the necessary procedures in this regard.
c.
The claims against the Ruler, the
Crown Prince, or the Deputy Ruler will be filed against the HHRC Director in
his capacity as defendant or co-defendant. The claims on behalf of the Ruler,
the Crown Prince, or the Deputy Ruler will be filed by the HHRC Director in his
capacity as a claimant or co-claimant. The HHRC Director may, in all cases, depute
the Department to represent him or delegate or confer powers upon any advocates
or legal consultants for such representation.
d.
The claims, applications, and
appeals filed by the HHRC Director under paragraph (c) of this article will not
be subject to judicial fees prescribed by the applicable legislation in the
Emirate, nor to any bonds or guarantees required for such claims, applications,
and appeals.
e.
No debt or obligation may be
recovered from the Ruler, the Crown Prince, or the Deputy Ruler by way of
taking possession, seizure, sale by public auction, or acquisition by any other
legal process of their property, funds, or assets, regardless of whether a
final or definitive judgment or an arbitral award has been issued in respect of
that debt or obligation.
f.
Execution circuits may not register
any execution process for the purpose of enforcement of judgments or other enforceable
instruments
issued against the Ruler, the Crown Prince, or the Deputy Ruler; nor may they
undertake any execution process in relation to such judgments or enforceable
instruments,
and any procedure to the contrary will be deemed null and void.
g. The
Director General will, upon the request of the judgment creditor, submit a
certified copy of the final or definitive judgment, or any enforceable instrument
issued against the Ruler, the Crown Prince, or the Deputy Ruler to the HHRC
Director, who will present it to the Ruler for the purpose of ordering enforcement.
h.
Where the judgment creditor delays
in submitting an application for enforcement of the final or definitive
judgments or enforceable
instruments referred to in paragraph (g) of
this article for more than sixty (60) days from the date on which the final or
definitive judgment is issued or the enforceable instrument
becomes final, the awarded legal interest will cease accruing for the period
commencing from the expiry of the sixty (60) days and ending on the date on
which the enforcement application is submitted.
i.
The HHRC Director may present to the
Ruler any final or definitive judgment or enforceable instrument
issued against the Ruler, the Crown Prince, or the Deputy Ruler to order their enforcement
without following the procedure set out in paragraph (g) of this article. Where
the judgment creditor has no specific address within the UAE, is outside of the
UAE, or declines to receive the awarded amount, that amount will be deposited
with the competent Judicial Body in accordance with its applicable procedures
in this regard.
No Claim
will be admissible
before Judicial Bodies, or conciliation and arbitration bodies, tribunals, and
centres, in case of failure to satisfy, or comply with, the procedures
prescribed in this Law.
a. In return
for the services it provides under this Law, the Department will collect the
charges approved under the applicable legislation.
b. Government
Entities and Government companies will bear all fees and expenses incurred by
the Department in appointing advocates and legal consultants, in accordance
with this Law.
The
Director General will issue the resolutions required for the implementation of
the provisions of this Law.
a. This Law supersedes the following
legislation:
1. the above-mentioned
Law No. (3) of 1996 Concerning Government Claims and its amendments;
2.
the
above-mentioned
Law No. (16) of 2006; and
3.
the
above-mentioned
Decree No. (11) of 2011.
b.
Any
provision in any other legislation is hereby repealed to the extent that it
contradicts the provisions of this Law.
c.
The
resolutions
and bylaws issued in implementation of the legislation mentioned in paragraph
(a) of this article will continue in force, to the extent that they do not
contradict the provisions of this Law, until new superseding resolutions and
bylaws are issued.
This Law
will be published
in the Official Gazette and will come into force on the day on which it is
published[2].
Mohammed
bin Rashid Al Maktoum
Ruler
of Dubai
Issued in
Dubai on 17 November 2025
Corresponding to 26 Jumada al-Ula 1447 A.H.
©2025 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.
[2] The Law was published on 26 November 2025 in
issue No. 749 of the Dubai Official Gazette.