Law No. (16) of 2009
Establishing the
Centre for Amicable Settlement of Disputes[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of
Dubai,
After perusal of:
Federal Law No. (11) of 1992 Issuing the Civil
Procedure Code and its amendments;
Law No. (3) of 1992 Establishing the Dubai Courts
and its amendments;
Law No. (1) of 1994 Concerning Court Fees and its
amendments; and
Law No. (6) of 2005 Regulating the Dubai Courts
and its amendments,
Do hereby issue this Law.
This Law will be cited as “Law No. (16) of 2009
Establishing the Centre for Amicable Settlement of Disputes.”
The following words and expressions, wherever mentioned
in this Law, will have the meaning indicated opposite each of them unless the
context implies otherwise:
Emirate: |
The Emirate of Dubai. |
Government: |
The Government of Dubai. |
Courts: |
The Dubai Courts. |
President: |
The president of the
Dubai Courts. |
CASD: |
The Centre for Amicable
Settlement of Disputes. |
Competent Judge: |
A judge of the Court of
First Instance assigned the judicial supervision of the work of the competent
persons hearing disputes at the CASD. |
Pursuant to this Law a centre for settling
disputes named the “Centre for the Amicable Settlement of Disputes” is
established. The CASD is hereby affiliated to the Courts.
The CASD will have jurisdiction to hear disputes
of whatever value or nature which are determined under a resolution issued by
the President. This will not include:
1.
summary
and interim orders and proceedings;
2.
proceedings
in which the Government is a party;
3.
proceedings
which do not fall within the jurisdiction of the Courts; and
4.
proceedings
filed with the Courts before the effective date of this Law.
Disputes brought before the CASD will be heard and
settled amicably by a number of competent persons working under the supervision
of the Competent Judge.
No proceedings falling within the jurisdiction of
the CASD may be brought before the Courts unless such proceedings are first filed
with the CASD and referred under a resolution issued by the CASD to the
Competent Court.
The CASD will settle a dispute brought before it
by summoning the parties involved or their representatives, perusing the
relevant documents and evidence, and offering reconciliation between the
parties and bringing their views closer in order to reach an amicable
settlement of the relevant dispute.
In hearing the disputes filed with the CASD, all
procedures stipulated in a resolution issued by the President will be followed.
The time bar periods and limitation periods
stipulated by the legislation in force will be suspended from the date of
registering the dispute with the CASD.
The CASD will seek to amicably settle a dispute
within a period not exceeding one (1) month from the date of appearance of the
parties before it. This period may be extended for the same period or periods
pursuant a decision of the Competent Judge.
The CASD may, as it deems appropriate, seek
assistance from experts and specialists to provide technical expertise in the
matters submitted to it. The decision to seek assistance from an expert will
specify the scope of his assignment, the period required for completion of this
assignment, his remuneration, and the party responsible for payment of such
remuneration.
Where settlement between the parties to the
dispute is reached, this settlement will be documented in a settlement
agreement signed by the parties and attested by the Competent Judge. This
agreement will have the force of a writ of execution.
Where amicable settlement of the dispute is not
reached through reconciliation for any reason whatsoever, the dispute will be
referred to the Competent Court.
The same fee prescribed for filing a court case
under the Court Fee Law will be charged for any dispute filed with the CASD.
One-half of the fee will be refunded if amicable settlement is reached between
the parties to the dispute.
Any provision in any other legislation will be
repealed to the extent that it contradicts the provisions of this Law.
This Law 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 28 June
2009
Corresponding to 5 Rajab 1430 A.H.
©2019 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.