As Ruler of the Emirate of Dubai, Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the United Arab Emirates, has issued Law No. (18) 2021, which regulates conciliation work in the Emirate of Dubai. Encouraging a culture of smooth settlement of disputes through compromise, and encouraging the adoption of alternative ways of resolving disputes between disputed parties and improving the continuity of contractual relations and business and civil projects between individuals and entities, facilitating consensus and consensus between them , Guarantees the confidentiality of dispute resolution procedures.
The provisions of the Act shall apply to the Center for the Settlement of Disputes established by Act No. 16 of 2009 and to any person engaged in reconciliation work in civil and commercial matters conducted by the Reformer.
According to the law, the Central Government is entitled to decide the disputes determined by the decision of the President of the Dubai Court, regardless of their nature or value, taking into account the disputes agreed upon by the parties considered by the Center. Cases, during review and under any circumstances, cases that decide to send them to the center. Based on the agreement of the cases.
By law, the law defines the procedures for outsourcing work practices and its capabilities at the center for the conciliatory settlement of disputes, in addition to the presiding responsibilities of the first case court overseeing the center. Appointing one or more judges from the courts for the first time to oversee the conciliation process, approving conciliation agreements and resolving disputes referred to him in accordance with the provisions of the Act.
By law a committee called the “Reform Affairs Committee” consists of the chairman and vice-chairman of the committee and several other members of the Dubai Court by decision of its director. Center for Dispute Resolution for Authorization of Government and Other Institutions to Engage in Reconciliation Work at the Emirate.
The Committee on Reform is concerned with deciding on the requests to update the record of private reformers in the register in accordance with the terms and procedures to be determined by the decision issued by the Director of the Dubai Court in this regard. Violations and complaints filed by public sector employees against reformers and registrars against private reformers and authorized parties, as well as parties and private reformers to review and take appropriate action against employees, and to approve disputes relating to parties to the reformer’s contract agreement; To that end, a registry has been set up at the Dispute Resolution Center to register reforms that will be determined by a decision issued by the Director of the Dubai Court in this regard, including employees of public sector entities and private reformers, and its form and data to be included therein.
The law specifies the conditions under which anyone who registers must meet these requirements, including: Must be a citizen of the United Arab Emirates, and the Director of the Dubai Courts may exempt foreigners from this condition from at least four holders. Must have experience in the field of Reconciliation or any field related to dispute resolution in the State, and have a Bachelor’s degree in Law, Sharia and Law, or any other specialized Certificate or one of the Universities or Institutions recognized in the State of Dubai or the Emirate and recognized for their integrity, impartiality, fairness and objectivity. He successfully passes the courses, tests and interviews prescribed by the Correctional Affairs Committee, and pays the prescribed fee for registration. The law defines the registration procedures for registration, and its period is one year, renewable for the same period, and the renewal application must be submitted within thirty days of the end of the registration period, and in accordance with the terms and conditions approved by the Director of the Dubai Court by a decision issued by him in this regard which will be considered in the renewal application.
The law defines the conditions and procedures for granting licenses to accredited entities, in addition to the obligations of the federal or accredited agency or individual entity to resolve conflicts by compromise in accordance with the provisions of the Bonding Act for accredited entities, the most important of which are: placing the permit in a prominent place that is easy to see, and notifying the Committee And thirty days from the date of the correction within any amendment or permission data to them, and the registration of disputes and conciliation agreements in the electronic system prepared at the conciliation settlement center, in which disputes submitted for conciliation are concluded, and the conciliation agreement concluded between the parties in dispute and the proceedings in this regard by the Center In accordance with the prescribed procedures and procedures, it was taken to incorporate them into the administrative form, and there The authorized authority is also obliged to keep a special record with it. The conciliation work it has undertaken, the conciliation agreements it has concluded, the equipment required to submit the names and services of the disputed parties, the issuance of records and documents and the documents for the period of peace agreements, documents and related matters are determined by the Director of the Dubai Court in accordance with his decisions in this regard, in addition to which are not recorded in the register Do not seek the help of any person to work as a repairman.
The law states that Dubai courts are not allowed to register any cases that fall within the jurisdiction of the Center, except that they are submitted to the Center or a government agency or an authorized body. A fair decision must be made directly by the judge, according to which the case may be concluded or referred to a competent court.
The disputed party may appeal against the decision of the competent judge provided by law, within fifteen days from the date of its publication or, if it came, or from the date of the notice. 1992 Federal Civil Procedures No. In accordance with the procedures established for the consideration of grievances, it will be decided by the final judgment of the case and is not subject to appeal. Terms and Conditions Requests are filed in accordance with established procedures and rules for appellate decisions and judgments.
Law No. (18) of 2021 replaces Law No. (16) of 2009. (18) 2021, and the results published in the implementation of the Act will continue to be implemented. No.
Compromise procedures
In addition to the rules and procedures for conciliation, the law states that the conciliation consultant must administer the conciliation session and come forward to resolve the dispute by calling the parties involved. Prior approval of the disputed parties was sought to reach a compromise with the disputed parties and to bring their views closer to a settlement conciliatory to the dispute.
By law, the reformer may seek the assistance of experts in technical and technical matters, if the dispute has the prior approval of the parties, the reformer must be an expert in the matter and have time to complete it within this period for another similar period, unless the disputed parties agree to a different period.
Peace agreement
By law, reconciliation is established between disputed parties under the Reconciliation Agreement, and it must be clearly written, and the full name of the disputed parties, their legal representatives, their nationality, their place of residence or their place of work, and the Reconciliation Agreement may conclude final and binding agreements for its parties. Country. The conclusion of the Reconciliation Agreement concludes the case between the disputed parties in the matter concerned, and neither party to the dispute may re-submit the same matter before the Judiciary.
The Reconciliation Agreement must be written in Arabic, entered into the system for approval by a competent judge, and may be translated into a foreign language if both languages are in a corresponding editor. Approved by a legal translator licensed by competent authorities in the State, and in the event of a conflict between the Arabic text and foreign texts, any party to the dispute may consult with whom he wishes to review the draft before signing the peace agreement.
The new law promotes contractual relations and the continuation of business and civil projects between individuals and companies by resolving disputes.
Ensuring quick resolution of disputes, facilitating their procedures and providing a work environment that guarantees the confidentiality of dispute resolution procedures.
The “Center for Dispute Resolution” is concerned with examining and deciding the disputes determined by the decision of the President of the Dubai Courts.
In addition to the duties of the Chief Justice of the Court of First Instance, the law defines the procedures for outsourcing work procedures and its capabilities at the Dispute Resolution Center.
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