Law No. (18) of 2021

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.

Title of this Law

Article (1)

This Law will be cited as "Law No. (18) of 2021 Regulating Conciliation in the Emirate of Dubai".

Definitions

Article (2)

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.

Scope of Application

Article (3)

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.

Objectives of the Law

Article (4)

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.

Functions of the CASD

Article (5)

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.

Procedures at the CASD

Article (6)

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.

Outsourcing the CASD Functions

Article (7)

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.

Procedures for Registration and Consideration of Disputes by

Government Entities and Authorised Entities

Article (8)

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.

Duties of the Chief Justice

Article (9)

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.

Formation and Functions of the Committee

Article (10)

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.

Roll

Article (11)

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.

Requirements for Registration on the Roll

Article (12)

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.

Procedures for Registration on the Roll

Article (13)

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.

Validity of Registration on the Roll

Article (14)

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.

Requirements and Procedures for Issuing Permits to Government Entities

Article (15)

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.

Requirements for Issuing Permits to Authorised Entities

Article (16)

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.

Procedures for Issuing Permits to Authorised Entities

Article (17)

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.

Obligations of Authorised Entities

Article (18)

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.

Validity of Permits

Article (19)

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.

Opening Branches for Authorised Entities

Article (20)

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.

Conciliation Proceedings

Article (21)

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.

Obligations of Conciliators

Article (22)

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.

Conciliation Agreement

Article (23)

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.

Conclusion of the Conciliator's Assignment

Article (24)

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.

Confidentiality of Conciliation Sessions

Article (25)

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.

Engaging Translators

Article (26)

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.

Approving, and Affixing the Executory Formula to, Conciliation Agreements

Article (27)

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.

Admitting Claims by Courts

Article (28)

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.

Suspension of Legally-prescribed Periods

Article (29)

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.

Fees for Dispute Registration and Conciliation Agreement Approval

Article (30)

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.

Private Conciliator Remuneration

Article (31)

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.

Inspection and Disciplinary Actions

Article (32)

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.

Disciplinary Actions Against CASD Conciliators

Article (33)

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.

Disciplinary Actions Against Government Entity

Employees Working as Conciliators

Article (34)

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.

Administrative Penalties and Measures against

Authorised Entities and Private Conciliators

Article (35)

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.

Law Enforcement

Article (36)

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.

Fees for Registration on the Roll and Issuance of Permits

Article (37)

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.

Payment of Fees and Fines

Article (38)

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.

Issuing Implementing Resolutions

Article (39)

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.

Supersession and Repeals

Article (40)

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.

Publication and Commencement

Article (41)

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.