Administrative Resolution No. (51) of 2020 Concerning 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. (11) of 1992 Issuing the Civil Procedure Code and its amendments;

Federal Law by Decree No. (14) of 2018 Concerning the UAE Central Bank and Regulating Financial Institutions and Services and its amendments;

Cabinet Resolution No. (57) of 2018 Concerning the Regulatory Bylaw of Federal Law No. (11) of 1992 Issuing the Civil Procedure Code and its amendments;

Law No. (16) of 2009 Establishing the Centre for Amicable Settlement of Disputes (the “CASD”);

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;

Decree No. (23) of 2020 Regulating the Sale by Heirs of Residential Real Property in the Emirate of Dubai;

Executive Council Resolution No. (53) of 2016 Approving the Organisational Structure of the Dubai Courts; and

Administrative Resolution No. (1) of 2017 Concerning the Jurisdiction of the Centre for Amicable Settlement of Disputes, and

Upon the recommendation made at the meeting of the Supreme Judicial Affairs Committee no. (05-2020) dated 13 July 2020,

Does hereby issue this Resolution.

Jurisdiction of the CASD

Article (1)

The CASD will have jurisdiction over:

1.    disputes related to the subdivision of property which is co-owned in undivided shares;

2.    disputes involving claims not exceeding two hundred thousand Dirhams (AED 200,000.00);

3.    applications for ratification of amicable settlements and agreements, irrespective of their value or the parties thereto;

4.    applications for appointing experts prior to initiating judicial proceedings, irrespective of the parties to the dispute; and

5.    subject to the approval of the president of the competent court, applications for ratification of amicable settlements and agreements in respect of lawsuits that are being heard by a court of first instance, irrespective of the value of the claims or the parties thereto.

Exceptions to CASD Jurisdiction

Article (2)

Notwithstanding the provisions of Article (1) of this Resolution, the CASD will have no jurisdiction over:

1.    substantive labour disputes;

2.    disputes related to family affairs;

3.    substantive disputes where one of the parties is a private financial establishment to which the above-mentioned Federal Law by Decree No. (14) of 2018 applies; and

4.    disputes related to the subdivision of Residential Real Property which is co-owned by heirs in undivided shares, and to which the provisions of the above-mentioned Decree No. (23) of 2020 apply.

Judicial Supervision of the CASD

Article (3)

One or more judges of the Courts of First Instance, appointed by the President of the Courts of First Instance, will undertake the judicial supervision of the CASD and ratification of amicable settlements and agreements.

Repeals

Article (4)

The above-mentioned Administrative Resolution No. (1) of 2017 is hereby repealed. Any provision in any other administrative resolution will also be repealed to the extent that it contradicts the provisions of this Resolution.

Publication and Commencement

Article (5)

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 16 September 2020

Corresponding to 28 Muharram 1442 A.H.



©2020 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.