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Law No. (9) of 2025 Amending Law No. (18) of 2021 Regulating Conciliation in the Emirate of Dubai

Law No. (9) of 2025 Amending Law No. (18) of 2021 Regulating Conciliation in the Emirate of Dubai

قانون رقم (9) لسنة 2025 بتعديل قانون تنظيم أعمال الصلح في دبي

Code
Dubai-Law-9-2025
Authority
H.H. The Ruler
Category
General

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Articles

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  1. المادة 1

    Articles (2), (5), (6), (8), (9), (23), (24), (27), (28), and (30) of the Original Law are hereby superseded by the following:

  2. المادة 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 regulated by this Law. Dispute: Any civil, commercial, or family 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 Courts for registering the Disputes referred for Conciliation in accordance with the provisions of this Law, the Conciliation Agreements, and the procedures taken to affix the executory formula to such agreements. Competent Judge: A Judge at the Courts of First Instance of the Courts who is assigned to exercise judicial supervision over the Conciliation procedures and to determine the Disputes referred to him in accordance with the provisions of this Law. Conciliator: This includes the CASD employees appointed as Conciliators; Private Conciliators; Government Entity employees; and counsellors of the Family Guidance and Reconciliation Committee who are assigned to facilitate Conciliation between Disputants in accordance with the provisions of this Law. Private Conciliator: A Conciliator who works for an Authorised Entity. Family Guidance and Reconciliation Committee: The committee vested with the function to facilitate Conciliation between parties to family Disputes, in accordance with the relevant approved rules and procedures. 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 serving 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.

  3. المادة 5

    a. Conciliation must be proposed in the following Disputes and claims: 1. the Disputes specified by the relevant resolution of the President, irrespective of their value or nature; 2. family Disputes; 3. the Disputes whose parties agree that they be heard by the CASD; and 4. the claims referred to the CASD by the courts hearing them based on an agreement between the litigants at any stage of litigation. b. Conciliation may not be proposed in the following Disputes, orders, matters, and claims: 1. Disputes to which the Government is a party; 2. interim orders and applications, and summary proceedings, including those related to spousal maintenance, child custody, and guardianship; 3. matters related to wills, inheritance, and similar issues, without prejudice to the powers vested in the Probate Court to propose a settlement to the parties to an Estate Claim pursuant to the above-mentioned Decree No. (25) of 2023; 4. claims in which Conciliation is not conceivable, such as claims for proving marriage or divorce; 5. Disputes and other matters which do not fall within the jurisdiction of the Courts but fall within the jurisdiction of other entities, centres, or tribunals; and 6. Disputes and other matters in respect of which Conciliation is not permissible under the legislation in force in the Emirate.

  4. المادة 6

    a. A Dispute registered in the System and referred to the CASD for amicable settlement will be considered by the Conciliator under the supervision of the Competent Judge. b. In considering the 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. Conciliation between the parties in family Disputes will be proposed by the Family Guidance and Reconciliation Committee, in accordance with the rules and procedures determined by a resolution of the Chairman of the Judicial Council or his authorised representative. The rules and procedures set out in the above-mentioned Resolution No. (3) of 2021, will continue to apply until said resolution is issued. d. The CASD and the Family Guidance and Reconciliation Committee may, as they deem appropriate, engage any expert witness to provide a technical expert's opinion on the matters brought before them. 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. e. Where Conciliation is reached between the Disputants, it will be documented in a Conciliation Agreement signed by the Disputants and approved by the Conciliator. This agreement will, upon affixing the executory formula thereto, 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.

  5. المادة 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 comply with the following: 1. It must 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 Conciliation is reached between the Disputants, it will be documented in a Conciliation Agreement signed by the Disputants and approved by the Conciliator. This agreement will, upon affixing the executory formula thereto, 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. 3. Where Conciliation between the Disputants cannot be reached for any reason whatsoever, the Conciliator will 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.

  6. المادة 9

    For the purposes of this Law, the Chief Justice will: 1. supervise the CASD; 2. assign one or more Judges of the Courts of First Instance to supervise Conciliation and determine any Disputes referred to him under this Law; and 3. perform any other duties assigned to him by the President or the Chairman of the Judicial Council.

  7. المادة 23

    a. Conciliation between the Disputants will be documented in a Conciliation Agreement. b. A Conciliation Agreement must be drafted 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 the legislation in force, public order, or morals of 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 into the System in Arabic and must be approved by the Conciliator. 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 and having it approved by the Conciliator.

  8. المادة 24

    The assignment of a Conciliator will be concluded in any of the following cases: 1. approval of Conciliation Agreements; 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.

  9. المادة 27

    a. A Conciliation Agreement will be approved, and the executory formula will be affixed thereto, subject to the following requirements: 1. The Government Entity Employee serving as a Conciliator, or the Private Conciliator, must be either registered on the Roll or be a member of the Family Guidance and Reconciliation Committee. 2. The Dispute and the Conciliation Agreement must be entered in the System. 3. If the Conciliation Agreement is translated from Arabic into another language, it must be signed by, and 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 proof of their capacity to execute the agreement must be recorded therein. 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 Conciliator must endorse the Conciliation Agreement and affix the executory formula thereto.

  10. المادة 28

    a. No claim or Dispute in respect of which Conciliation must be proposed in accordance with the provisions of this Law and the resolutions issued in pursuance hereof may be registered with the Courts unless it has first been referred to the CASD, the Family Guidance and Reconciliation Committee, the Government Entity, or the Authorised Entity. If any such a claim or Dispute is registered with the Courts, the Courts must refer it to the CASD, the Family Guidance and Reconciliation Committee, the Government Entity, or the Authorised Entity, as the case may be, to exercise its legally prescribed jurisdiction. b. No claim or Dispute in respect of which Conciliation may not be proposed under the provisions of this Law and the resolutions issued in pursuance hereof may be registered with the CASD, the Family Guidance and Reconciliation Committee, any Government Entity, or any Authorised Entity. In such cases, these entities must refer the claim or Dispute to the Courts to exercise their legally prescribed jurisdiction. c. Where the CASD is unable to settle the Dispute amicably through Conciliation for any reason whatsoever, the Dispute must be brought before the Competent Judge for determination pursuant to a reasoned decision concluding the litigation proceedings or referring the claim to the Competent Court, as the case may be. d. Where the value of the Dispute does not exceed the maximum amount of a claim falling within the jurisdiction of the Court of First Instance, as prescribed by the above-mentioned Federal Law by Decree No. (42) of 2022, either Disputants may submit a grievance against the decision of the Competent Judge issued pursuant to the provisions of paragraph (c) of this Article, within fifteen (15) days from the day following the date on which the decision is issued, if it is rendered in the presence of the litigants, or fifteen (15) days from the day following the date on which the Disputant is served with the decision, if it is rendered in any other manner but is deemed to have been rendered in the presence of the litigants. e. The grievance referred to in paragraph (d) 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. f. Subject to the provisions of paragraph (d) 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 a claim falling within the jurisdiction of the Court of First Instance as prescribed by the above-mentioned Federal Law by Decree No. (42) of 2022. The appeal will be filed in accordance with the procedures and rules prescribed for appealing decisions and judgements under the legislation in force.

  11. المادة 30

    a. A fee of two hundred and fifty dirhams (AED 250.00) will be collected upon registering a Dispute in the System. b. No fee will be collected, other than the fee referred to in paragraph (a) of this Article, where the Disputants agree to Conciliation and the Conciliation Agreement is approved by the Conciliator and the executory formula is affixed thereto. 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.

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