Regulating
Conciliation in the Emirate of
Dubai[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (5) of 1985 Issuing the Civil Code
of the United Arab Emirates and its amendments;
Federal Law No. (10) of 1992 Issuing the Law of
Evidence Governing Civil and Commercial Transactions and its amendments;
Federal Law No. (11) of 1992 Issuing the Civil
Procedure Code, its Regulatory Bylaw, and their amendments;
Federal Law No. (18) of 1993 Concerning Commercial
Transactions and its amendments;
Federal Law No. (1) of 2006 Concerning Electronic
Transactions and e-Commerce;
Federal Law No. (6) of 2012 Regulating the
Translation Profession;
Federal Law No. (7) of 2012 Regulating the
Practice of Expert Witness Profession before the Judicial Authorities;
Federal Law No. (6) of 2021 Concerning Mediation
for the Settlement of Civil and Commercial Disputes;
Law No. (3) of 2003 Establishing the Executive
Council of the Emirate of Dubai;
Law No. (6) of 2005 Regulating the Dubai Courts
and its amendments;
Law No. (14) of 2009 Concerning the Pricing of
Government Services in the Emirate of Dubai and its amendments;
Law No. (16) of 2009 Establishing the Centre for
Amicable Settlement of Disputes;
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;
Law No. (13) of 2016 Concerning the Judicial
Authorities in the Emirate of Dubai and its amendments;
Law No. (8) of 2018 Concerning Management of the
Government of Dubai Human Resources;
Law No. (13) of 2020 Regulating Expert Witness Work before the Judicial Authorities in
the Emirate of Dubai;
Executive Council Resolution No. (4) of 2019
Approving the Disciplinary, Grievances, and Complaints Code of Employees of the
Government of Dubai; and
Administrative Resolution No. (51) of 2020 Concerning
the Jurisdiction of the Centre for Amicable Settlement of Disputes,
Do hereby issue this Law.
This Law will be cited as "Law No. (18) of
2021 Regulating Conciliation 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. |
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 established pursuant to the above-mentioned Law No.
(16) of 2009. |
Dispute: |
Any civil or commercial
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 CASD for registering the Disputes referred for Conciliation
in accordance with the provisions of this Law, the Conciliation Agreements
concluded between the Disputants, and the procedures taken to affix the
executory formula to such agreements. |
Competent Judge: |
A judge at the Dubai Courts
of First Instance of the Courts who is assigned to undertake judicial
supervision of the Conciliation Agreement and to determine the relevant
Dispute in accordance with the provisions of this Law. |
Conciliator: |
This includes the CASD
Employees appointed as Conciliators; Private Conciliators; and Government
Entity Employees assigned to facilitate Conciliation between Disputants in
accordance with the provisions of this Law. |
Private Conciliator: |
A Conciliator who works for
an Authorised Entity. |
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 working
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. |
This Law applies to:
1.
the CASD; and
2.
any Person engaged in any activity related to the
Conciliation services performed by Conciliators in respect of civil and
commercial matters, in accordance
with the provisions of this Law.
This Law aims to:
1.
foster the culture of amicable settlement of
Disputes by Conciliation;
2.
promote the use of alternative Dispute resolution
methods to settle Disputes arising between Disputants;
3.
enhance the stability of contractual
relationships, and commercial and civil enterprises, involving individuals and
companies by settling Disputes that arise between them amicably and
consensually;
4.
expedite the determination of Disputes and
facilitate the relevant procedures; and
5.
create an environment that ensures the
confidentiality of Dispute settlement procedures.
a.
The CASD will have jurisdiction to consider and
determine:
1.
the Disputes specified by the relevant resolution
of the President, irrespective of their value or nature;
2.
the Disputes whose parties agree that they be
heard by the CASD; and
3.
the claims referred to the CASD by the courts
hearing them based on an agreement between the litigants at any stage of
litigation.
b.
The CASD will have no jurisdiction to consider or
determine:
1.
interim orders and applications, and summary
proceedings;
2.
Disputes to which the Government is a party;
3.
Disputes and other matters which do not fall
within the jurisdiction of the Courts but fall within the jurisdiction of other
entities;
4.
Disputes and other matters in respect of which
Conciliation is not permissible under the legislation in force in the Emirate;
5.
Disputes related to family affairs;
6.
claims registered with the Courts before the
effective date of this Law; and
7.
Disputes to be heard, pursuant to any legislation
in force in the Emirate, by any centre, committee, or other entity having a
similar jurisdiction.
a.
Disputes that are registered in the System and
brought before the CASD to be settled amicably will be considered by a number
of Conciliators under the supervision of a Competent Judge.
b.
In considering 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.
c.
The CASD may, as it deems appropriate, engage any
Expert Witness to provide a technical expert's opinion on the matters brought
before the CASD. 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.
d.
Where Conciliation is reached between the
Disputants, it will be documented in a Conciliation Agreement signed by the
Disputants and approved by the Competent Judge. This agreement will, upon
affixing the executory formula thereon, 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.
The President may, pursuant to the legislation in
force, outsource the CASD functions related to Conciliation to any Government
Entity or Authorised Entity. The procedures for registration and settlement of
Disputes brought before these entities, and their duties and powers in respect
of Conciliation, will be determined in accordance with the provisions of this
Law and the resolutions issued in pursuance hereof.
b.
A Government Entity or an Authorised Entity will
collect from Disputants the administrative expenses incurred in respect of
Conciliation. Where the Dispute file is referred to the Competent Court, these
expenses will be added to CASD expenses and will be paid by the judgement
debtor.
c.
A Disputes brought before a Government Entity or
an Authorised Entity will be considered and settled amicably by its
Conciliators. These Conciliators will be governed by the provisions stipulated
in this Law and the resolutions issued in pursuance hereof, including the
provisions governing the registration and duties of Conciliators.
d.
The Employees of a Government Entity working as
Conciliators may only facilitate Conciliation in Disputes that arise between
private companies, private establishments, and individuals and that are related
to the functions vested in the Government Entity under the legislation
establishing it or regulating its work.
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:
1.
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 the Disputants agree on Conciliation,
document the terms agreed upon by the Disputants in a Conciliation Agreement,
and register that agreement in the System, in preparation for its approval by
the Competent Judge and affixation of the executory formula thereon; and
3.
where Conciliation between the Disputants cannot be
reached for any reason whatsoever, 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.
The Chief Justice will:
1.
supervise the CASD; and
2.
assign one or more judges of the Courts of First
Instance to supervise Conciliation, approve Conciliation Agreements, and
determine any Disputes referred to him under this Law.
a.
A committee named the “Conciliators Affairs
Committee” will be formed at the Courts pursuant to a resolution of the
Director. The Committee will be comprised of a chairman, a vice chairman, and a
number of members. The resolution forming the Committee will determine its
terms of reference, the quorum of its meetings, and the procedures for passing
its resolutions.
b.
The Committee will have the duties and powers to:
1.
determine the applications referred to it by the
CASD to authorise Government Entities and other entities to conduct
Conciliation activities in the Emirate; and determine the jurisdiction of each
entity in relation to considering Disputes;
2.
determine the applications referred to it by the
CASD for registration of Employees of Government Entities and employees of
Authorised Entities on the Roll as Conciliators, in accordance with the
registration requirements stipulated in this Law and the resolutions issued in
pursuance hereof;
3.
determine applications for renewal of registration
of Private Conciliators on the Roll, in accordance with the conditions and
procedures determined pursuant to the relevant resolution of the Director;
4.
determine applications for striking the names of Government
Entity Employees working as Conciliators, and Private Conciliators, off the
Roll;
5.
consider the violation reports and complaints
filed against Authorised Entities, Government Entity Employees working as
Conciliators, and Private Conciliators; and take the necessary action in
respect thereof;
6.
consider and determine the Disputes that arise
between Authorised Entities and Disputants in respect of the remuneration of
the Conciliator; and
7.
perform any other duties assigned to it by the
Director pursuant to the relevant resolutions issued by him.
A register of Government Entity Employees working
as Conciliators, and Private Conciliators, will be maintained by the CASD. The
form of the Roll and the information that must be entered in it will be
determined pursuant to the relevant resolution of the Director.
To be registered on the Roll, a person must:
1.
be a UAE national. The Director may exempt any
non-UAE national from this requirement, provided that he has at least four (4)
years of experience in the UAE in the field of Conciliation or any other area
related to Dispute settlement;
2.
be of full capacity;
3.
be of good character and repute; and not have been
sentenced by a definitive judgement for a crime affecting honour or
trustworthiness, even if he has been rehabilitated or pardoned;
4.
be a holder of a bachelor of laws, a bachelor of
Sharia and law, any other professional degree, or an equivalent degree from a
university or an institute accredited in the UAE or in the Emirate;
5.
be known for his integrity, impartiality, honesty,
and objectivity;
6.
successfully pass the courses, tests, and
interviews prescribed by the Committee;
7.
pay the fee prescribed for registration on the
Roll; and
8.
satisfy any other requirements determined by the
relevant resolutions of the Director.
Employees of the Government Entities and employees
of the Authorised Entities working as Conciliators will be registered on the
Roll in accordance with the following procedures:
1.
An application for registration will be submitted
to CASD on the form prescribed by it for this purpose, supported by the
required documents.
2.
The CASD will refer the application to the
Committee for consideration and determination in accordance with the conditions
and requirements stipulated in this Law and the resolutions issued in pursuance
hereof.
3.
The Committee will issue its decision accepting or
rejecting the application within thirty (30) days from the date of receiving
it.
4.
An applicant whose application is rejected
may submit, within fifteen (15) days from the date of being notified of the
rejection, a grievance to the committee formed by the Director for this
purpose. The committee must determine the grievance within fifteen (15) days
from the date of receiving it. The decision of the committee in respect of the
grievance will be final.
5.
A Government Entity Employee working as a
Conciliator or a Private Conciliator must, upon registration on the Roll, take
the legal oath prescribed by the Director before the President or his
authorised representative. The oath must state that the Conciliator will
perform his duties with utmost honesty and integrity.
6.
The CASD will issue a Conciliator card to the
person registered on the Roll. The form of this card and the information that
must be included therein will be determined pursuant to the relevant resolution
of the Director.
The registration of a Private Conciliator or a
Government Entity Employee working as a Conciliator will be valid for a period
of one (1) year, renewable for the same period. A renewal application must be
submitted within thirty (30) days prior to the date of expiry of the
registration. The application will be considered in accordance with the
conditions and procedures prescribed by the relevant resolution of the
Director.
a.
The Director will, pursuant to a resolution he
issues in this respect, determine the requirements to be met, and the
procedures to be followed, for issuing Permits to Government Entities to
perform Conciliation services.
b.
A Government Entity must notify the Committee of
any variation to the details of its Employees working as Conciliators, within
thirty (30) days from the date of such variation.
A Permit will be issued to a company or sole
proprietorship wishing to perform Conciliation services in the Emirate, subject
to the following requirements:
1.
The company or sole proprietorship submitting the
application for the Permit must be licensed to operate in the Emirate.
2.
The applicant must provide premises that are suitable for receiving Disputants and for the
performance by Conciliators of their duties. The premises must have the
facilities and equipment determined by the relevant resolution of the Director.
3.
The applicant must prove that he is technically
competent to provide Conciliation services in the Emirate as prescribed by the
Director in this respect.
4.
The prescribed fee for issuing the Permit must be
paid.
5.
All other conditions prescribed by the relevant
resolution of the Director must be met.
A Permit will be issued to a company or sole
proprietorship wishing to perform Conciliation services in the Emirate, in
accordance with the following procedures:
1.
A Permit application will be submitted to the CASD
on the form prescribed by it for this purpose, supported by the required
documents.
2.
The CASD will refer the Permit application to the
Committee for consideration and determination in accordance with the conditions
and requirements stipulated in this Law and the resolutions issued in pursuance
hereof.
3.
The Committee will issue its decision accepting or
rejecting the Permit application within thirty (30) days from the date of
receiving it.
4.
The CASD will, upon issuing the Permit, enter the
basic details of the Authorised Entity in its records, particularly the address
of the entity, the details of its owner and manager, and the Private
Conciliators registered on the Roll.
5.
An applicant whose Permit application is rejected
may submit, within fifteen (15) days from the date of being notified of the rejection,
a grievance to the committee formed by the Director for this purpose. The
committee must determine the grievance within fifteen (15) days from the date
of receiving the grievance. The decision of the committee in respect of the
grievance will be final.
An Authorised Entity must:
1.
display its Permit at a prominent place for easy
reference;
2.
notify the Committee of the details of the
Conciliators working for it and of any variation to these details or to the
details of its Permit, within thirty (30) days from the date of such variation;
3.
register Disputes and Conciliation Agreements on
the System, in accordance with the procedures and processes prescribed by the
CASD in this respect;
4.
maintain a special register to record the
Conciliation services it performs, the Conciliation Agreements mediated by it
and their dates, and the names of Disputants;
5.
secure the equipment, records, and documents
required for providing its services;
6.
keep electronic copies of the Conciliation
Agreements and their related documents for the period specified by the relevant
resolutions of the Director;
7.
not engage any person who is not registered on the
Roll to work for it as a Conciliator; and
8.
comply with any other obligations determined
pursuant to the relevant resolution of the Director.
A Permit will be valid for a period of one (1)
year, renewable for the same period. An application for renewal of the Permit
must be submitted at least thirty (30) days prior to its expiry date. The
Permit will be renewed in accordance with the conditions and procedures
prescribed by the relevant resolution of the Director.
The Committee may, based on an application
submitted by an Authorised Entity, authorise opening other branches of that
entity in the Emirate. The application will be determined in accordance with
the requirements prescribed by the relevant resolution of the Director General.
a.
In addition to any Conciliation rules or
procedures that a Conciliator deems appropriate, the Conciliator will hold
Conciliation sessions and settle the Dispute brought before him by summoning
the Disputants; reviewing the Dispute-related documents and evidence; proposing
Conciliation to the Disputants; and reconciling their points of view for the
purpose of reaching an amicable settlement of the Dispute. The Conciliator may
hold the sessions using means of modern technology.
b.
The Conciliator may, as he deems appropriate,
summon any witness to hear his statement, subject to obtaining the prior
approval of the Disputants.
c.
The Conciliator may, subject to obtaining the
prior approval of the Disputants, engage an Expert Witness to provide an
opinion in respect of technical matters. In this case, the Conciliator must determine
the assignment of the Expert Witness and the time limit for completing that
assignment.
d.
The Conciliator may, subject to obtaining the
prior approval of the Disputants, hear the statement of each Disputant and have
discussions with him privately.
e.
Unless the Disputants agree on a different period,
the Dispute will be amicably settled within a period not exceeding thirty (30)
days from the date of appointing the Conciliator, and the Conciliator may
extend this period once for the same period.
a.
A Conciliator must:
1.
perform his duties with honesty; and be committed
to justice, integrity, and equal treatment of Disputants;
2.
provide the Disputants, upon their request, with a
copy of his curriculum vitae detailing his academic qualifications and work
experience in the field
of Conciliation;
3.
provide the Disputants with an elaborate and
detailed explanation of the rules and procedures he will follow to facilitate
Conciliation and hold the Conciliation sessions;
4.
communicate directly with the Disputants and
ensure their fair and appropriate interaction during the Conciliation session;
5.
maintain the confidentiality of the information to
which he has access in the course of considering the Dispute, and not disclose
such information whether during or after the Conciliation;
6.
not accept to act as an agent for any of the
Disputants in relation to the subject matter of the Dispute or any relevant
matter even after the end of Conciliation proceedings;
7.
where Conciliation is reached and the Disputants
agree on a settlement of the Dispute, explain the content of the Conciliation
Agreement to them before they sign it;
8.
verify that the Disputants have the legal capacity
to attend Conciliation sessions and conclude the Conciliation Agreement;
9.
verify the identity, eligibility, and capacity of
the legal representatives of the Disputants; and that they have the
authorisation required to represent the Disputants in the Conciliation
proceedings; and
10.
refrain from considering Disputes and holding
Conciliation sessions in any of the following cases:
a.
if he is a partner of any of the Disputants,
whether this partnership is entered into prior to or during the Conciliation
proceedings;
b.
if he has previously represented any of the
Disputants in the same or any other Dispute; or
c.
if any of the Disputants is his spouse, or
relative up to the fourth degree.
b.
Notwithstanding the provisions of sub-paragraph
(a)(10) of this Article, a Conciliator may consider the Dispute and facilitate
Conciliation between Disputants where they agree to assign him as Conciliator.
a.
Conciliation between the Disputants will be
documented in a Conciliation Agreement.
b.
A Conciliation Agreement must be written 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 public
order or morals in 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 in the
System in Arabic to be approved by the Competent Judge. 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.
The assignment of a Conciliator will be concluded
in any of the following cases:
1.
upon conclusion and execution of a Conciliation
Agreement;
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.
Conciliation sessions are confidential. The
information and documents received, delivered, or exchanged during these
sessions may not be disclosed or divulged to third parties unless:
1.
the Disputants agree to disclose or divulge the
information or documents to third parties;
2.
the disclosure or divulgence is required under the
legislation in force in the Emirate;
3.
the disclosure or divulgence is required for
implementation of the Conciliation Agreement;
4.
the entity requesting the information or documents
is a competent judicial authority; or
5.
the information or documents are related to a
crime, or undermine the public order and morals in the UAE.
Where a Conciliator is not acquainted with the
language of any of the Disputants, he may engage a legal Translator licensed by
the competent entities in the UAE.
a.
A Conciliation Agreement will be approved, and the
executory formula will be affixed thereto, subject to the following conditions:
1.
The Government Entity Employee working as a
Conciliator, or the Private Conciliator, must be registered on the Roll.
2.
The Dispute and the Conciliation Agreement must be
registered on the System.
3.
If the Conciliation Agreement is translated from
Arabic into another language, it must be signed by, or 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 their capacity to sign must be proven.
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 CASD will submit the Conciliation
Agreement to the Competent Judge for approval and affixation of the executory
formula.
c.
The Competent Judge may reject the application for
approval of a Conciliation Agreement and affixing the executory formula thereto
in case of failure to meet any of the requirements prescribed in paragraph (a)
of this Article, or if it is proven that any of the Disputants is a victim of
fraud or deception.
d.
A copy of the Conciliation Agreement bearing the
executory formula will be delivered exclusively to each concerned party.
e.
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 falling within the jurisdiction of the CASD may be registered with the
Courts unless that claim has been brought first before the CASD, the relevant
Government Entity, or an Authorised Entity. Where an amicable settlement of the
claim through Conciliation cannot be reached for any reason whatsoever, the
Dispute will be brought before the Competent Judge for determination pursuant
to a reasoned decision concluding the litigation or referring the claim to the
Competent Court, as the case may be.
b. Provided
that the value of the Dispute does not exceed the maximum amount of claim
falling within the jurisdiction of the Court of First Instance, as prescribed
by the above-mentioned Federal Law No. (11) of 1992 and its Regulatory Bylaw, any
of the Disputants may submit a grievance against the decision of a Competent
Judge issued pursuant to the provisions of paragraph (a) of this Article,
within fifteen (15) days from the date on which the decision is issued, in case
it is rendered in the presence of litigants, or fifteen (15) days from the day
following the date on which the Disputant is served with the decision, in case
it is deemed to have been rendered in presence of the litigants.
c. The
grievance referred to in paragraph (b) 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.
d. Subject
to the provisions of paragraph (b) 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 claim falling within the jurisdiction of the
Court of First Instance as prescribed by the above-mentioned Federal Law No.
(11) of 1992 and its Regulatory Bylaw. The appeal will be filed in accordance
with the procedures and rules prescribed for appealing decisions and
judgements.
The time bar periods and limitation periods
stipulated in the legislation in force in the Emirate will be suspended from
the date of registering the Dispute on the System, and will resume running on
the date on which the assignment of the Conciliator and the Conciliation
proceedings are concluded; or on the date on which the Disputants agree to
refer the Dispute to the Competent Court.
a.
A fee of two hundred and fifty dirhams (AED
250.00) will be charged for registration of a Dispute on the System. Where the
Disputants agree on Conciliation, the Conciliation Agreement is approved, and
the executory formula is affixed thereto by the Competent Judge, the said fee
will be refunded.
b.
Where the Disputants agree on Conciliation, the
Conciliation Agreement is approved, and the executory formula affixed thereto
by the Competent Judge, prior to registration of the relevant Dispute on the
System, no fee will be charged. However, the Conciliation Agreement must be
registered on the System.
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, less the amount of the fee
collected for registration of the Dispute on the System pursuant to paragraph
(a) of this Article.
a.
For Disputes whose parties agree to resort to a
Private Conciliator prior to registering them on the System, the remuneration
of the Private Conciliator will be determined pursuant to a remuneration
agreement between the Private Conciliator and all or any of the Disputants.
b.
The remuneration of a Private Conciliator
appointed by the CASD will be determined by the CASD. However, this
remuneration may not exceed one thousand dirhams (AED 1,000.00) for each
Dispute in respect of which Conciliation is reached, or five hundred dirhams
(AED 500.00) for each Dispute in respect of which Conciliation not reached.
a. The
performance of Private Conciliators will be subject to inspection in accordance
with the procedures prescribed by the relevant resolution of the Director.
b. Investigating
Private Conciliators and imposing the penalties stipulated in this Law will be
undertaken by a committee named the “Disciplinary Committee” formed pursuant to
a resolution of the Director. This resolution will determine the terms of
reference, powers, and applicable procedures of this committee.
c. A
disciplinary penalty may be imposed on a Private Conciliator only after he is
interrogated in writing and given the opportunity to state his case and defend
himself before the Disciplinary Committee.
d. The
Disciplinary Committee hearings and deliberations will be held in camera.
e. A
Private Conciliator may submit to the Director a grievance against any decision
of the Disciplinary Committee within ten (10) days from the date of issuing
that decision, in case it is rendered in the presence of the Private
Conciliator; or from the date of being notified of the decision, in case it is
rendered in absentia. The decision issued by the Director or his authorised
representative in this respect will be final.
The disciplinary actions stipulated in the
above-mentioned Executive Council Resolution No. (4) of 2019 will be imposed on
any of the CASD Conciliators who violate the provisions of this Law and the
resolutions issued in pursuance hereof.
Without prejudice to the powers of a Government
Entity to impose any disciplinary penalties pursuant to the above-mentioned Law
No. (8) of 2018, Executive Council Resolution No. (4) of 2019, the resolutions
issued in pursuance thereof, and the human resources legislation applicable to
that entity, the following disciplinary actions will be imposed on any
Government Entity Employee working as a Conciliator and registered on the Roll
if he violates the provisions of this Law or the resolutions issued in
pursuance hereof:
1.
warning;
2.
suspension of registration on the Roll for a period
not exceeding two (2) years; and/or
3.
striking his name off the Roll.
a.
Without prejudice to any stricter penalty
stipulated in any other legislation, an Authorised Entity will be punished by a
fine of not less than one hundred dirhams (AED 100.00) and not more than thirty
thousand dirhams (AED 30,000.00) if the Authorised Entity, or any of its
Private Conciliators, commits any act that constitutes a violation of the
provisions of this Law or the resolutions issued in pursuance hereof. The
Chairman of the Executive Council will issue a resolution determining the acts
that constitute violations by the Authorised Entities and Private Conciliators
of this Law and the resolutions issued in pursuance thereof; and the relevant
fine prescribed for each act.
b.
The amount of the fine stated in paragraph (a) of
this Article will be doubled upon repetition of the same violation within one
(1) year from the date of the previous violation. A fine must not exceed fifty
thousand dirhams (AED 50,000.00).
c.
In addition to the penalty of a fine referred to
in paragraph (a) of this Article, the Committee may take one or more of the
following measures against a violator:
1.
warning;
2.
suspension of registration on the Roll or
suspension of the Permit for a period not exceeding two (2) years; and/or
3.
striking the Conciliator name off the Roll or
revocation of the Permit.
d.
Imposing the penalties and measures referred to in
this Article will not prejudice any applicable civil or criminal liability.
The Employees of the Courts nominated pursuant to
a resolution of the Director will have the capacity of law enforcement officers
to record the acts committed in breach of the provisions of this Law and the
resolutions issued in pursuance hereof. For this purpose, they may issue the
necessary violation reports; and, where necessary, seek the assistance of
police personnel.
In return for registering Private Conciliators on
the Roll and issuing Permits to Authorised Entities, the fees determined
pursuant to the relevant resolution of the Chairman of the Executive Council
will be collected.
The fees and fines collected pursuant to this Law
and the resolutions issued in pursuance hereof will be paid to the Public
Treasury of the Government.
With the exception of the resolutions which the
Chairman of the Executive Council or the President is authorised to issue under
this Law, the Director will issue the resolutions required for implementing the
provisions of this Law. These resolutions will be published in the Official
Gazette.
a.
This Law supersedes the above-mentioned Law No.
(16) of 2009.
b.
Any provision in any other legislation will be
repealed to the extent that it contradicts the provisions of this Law.
c.
The resolutions issued in implementation of the
above-mentioned Law No. (16) of 2009 will continue in force to the extent that
they do not contradict the provisions of this Law, until new superseding
resolutions are issued.
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 14 September 2021
Corresponding to 7 Safar 1443 A.H.
©2021 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.