Decree No. (2) of 2022

Concerning Instituting Judicial Misconduct Proceedings Against

Special Tribunal Members Who Are Not Members of the

Judicial Authorities in the Emirate of Dubai[1]

ــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

Federal Law No. (11) of 1992 Issuing the Civil Procedure Code, its Regulatory Bylaw, and their amendments; and

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

Do hereby issue this Decree.

Scope of Application

Article (1)

This Decree applies to special Tribunal members who are not Members of Judicial Authorities, whether during or after the end  of their term of membership in the special Tribunals. The Decree also applies to the special Tribunals formed by the effective date hereof, whether or not they have concluded their work, and to the special Tribunals formed after that date.

 Instituting Judicial Misconduct Proceedings Against

Special Tribunal Members

Article (2)

a.    No claim whatsoever may be filed against any member, who is not a Member of a Judicial Authority, of a special Tribunal formed under the above-mentioned Law No. (13) of 2016, in relation to, by reason of, due to, or in the course of, performing his duties in the special Tribunal.

b.    The duties, obligations, and rules of accountability of special Tribunal members, who are not Members of Judicial Authorities, in all matters related to their work in the Tribunals will be regulated by a resolution issued in this respect by the Chairman of the Judicial Council.

Obligations of Judicial Bodies

Article (3)

a.    All courts and other judicial bodies in the Emirate of Dubai, including the Dubai International Financial Centre Courts, must not consider any applications, claims, or appeals filed with them in relation to, by reason of, due to, or in the course of, the performance by members of special Tribunals of their duties in these Tribunals.

b.    The judicial bodies referred to in paragraph (a) of this Article must cease to consider any applications, claims, or appeals filed against special Tribunal members who are not Members of Judicial Authorities; and must dismiss these applications, claims, and appeals regardless of their stage.

Repeals

Article (4)

Any provision in any other legislation is hereby repealed to the extent that it contradicts the provisions of this Decree.

Commencement and Publication

Article (5)

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

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 3 January 2022

Corresponding to 30 Jumada al-Ula 1443 A.H.



©2022 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.