Mohammed Bin Rashid issues law amending provisions of Dubai Conciliation Law

In his capacity as the Ruler of Dubai, His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, has issued Law No. (9) of 2025, amending certain provisions of Law No. (18) of 2021 concerning the regulation of conciliation frameworks for the settlement of disputes arising within the emirate.

The amendment replaces ten articles of the original law and is part of sustained efforts to advance and modernise the emirate’s legal apparatus while offering the highest levels of efficiency and services to every member of society.

Article 5 of the new law specifies the type of disputes qualifying for mandatory conciliation efforts. These include disputes referred by the President of Dubai Courts, personal status disputes, disputes where the parties agree to refer them to the Centre for Amicable Settlement of Disputes (CASD), and lawsuits referred to the CASD by the courts based on prior agreement between the litigants.

Exemptions

Article 5 also outlines disputes, orders, matters, and claims that shall remain exempt from conciliation pathways. These include interim orders, urgent cases, matters of guardianship, inheritance, and such other disputes, without prejudice to the powers of the Inheritance Court to propose settlement to the parties in inheritance cases. Conciliation is also not to be mooted in cases where arbitration is inconceivable, such as marriage and divorce verification cases; disputes beyond the jurisdiction of Dubai Courts (falling under other entities, centres, or committees); and disputes where conciliation is prohibited under Dubai's legal framework.

Article 6 of the law addresses the scope of dispute resolution procedures before the CASD and the Family Guidance and Reconciliation Committee. It states that disputes registered in Dubai Courts' electronic system and submitted to the CASD for amicable settlement are to be reviewed by a Conciliator under the supervision of a Competent Judge.

The article stipulates that the procedures, criteria, and provisions of this law and its binding resolutions must be complied with when taking up disputes before the CASD. For personal status disputes, conciliation is offered through the Family Guidance and Reconciliation Committee, following rules and procedures defined by the President of the Judicial Council or his authorised representative. Existing rules and procedures outlined in Resolution No. (3) of 2021 remain in effect until a new resolution is issued.

Provision to engage experts

The revised text of the article also empowers the CASD and the Family Guidance and Reconciliation Committee to engage experts to elicit technical opinions. The decision to engage an expert must specify the scope of work, timeframe, fees, and the party responsible for payment. If conciliation is successful, it is documented in a Conciliation Agreement signed by the disputing parties and approved by the conciliator. This agreement shall carry the legal force of a writ of execution once the executory formula is applied.

Article 8 of the law addresses dispute registration and review procedures before government entities and other authorised entities. Article 9 details the duties of the Chief Justice. Article 23 focuses on the ‘Conciliation Agreement,’ its format, resulting outcomes, and obligations for the disputing parties. Article 24 specifies the conditions under which a Conciliator's assignment shall be deemed to have concluded.

Executory formula

Article 27 of Law No. (9) of 2025 outlines the requirements for approving a Conciliation Agreement and validating the executory formula. The Conciliator, after verifying these requirements, approves the agreement and endorses the executory formula. Disputing parties can only challenge the Conciliator's decision if they have reasonable grounds to show they were victims of fraud or deception. Such challenges must be submitted within five business days of the agreement's approval, and the competent judge will issue a ruling on such concerns within five business days.

The ruling thus issued is final. The article also stipulates that a copy of the agreement is provided to the relevant parties alone, and that the issuance of a second copy requires a court order provided the original is lost or unusable.

Article 28 of the new law specifies criteria for Dubai Courts to accept lawsuits requiring prior conciliation attempts, outlining procedures for referral to the CASD or the Family Guidance and Reconciliation Committee. Article 30 specifies the fees for dispute registration and Conciliation Agreement approval.

The new law will be published in the Official Gazette and come into effect upon its publication.

It is worth noting that the ‘Regulation of Conciliation in Dubai’ law aims to promote amicable dispute resolution through conciliation, encouraging alternative dispute resolution mechanisms, strengthening contractual relationships and business ventures through amicable settlements, expediting dispute resolution, and ensuring absolute confidentiality throughout the process.