Dubai: Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of The Executive Council of Dubai, has issued Executive Council Resolution No. (16) of 2022 on arbitrators appointed to help resolve marital disputes in personal status cases in Dubai.
The resolution applies to cases related to separation on the grounds of detriment and breach as outlined in Federal Law No. (28) of 2005 on the Personal Status Law and its amendments.
According to the new resolution, the president of the Personal Status Court of First Instance at Dubai Courts will issue a decision to form the Committee for Registering Arbitrators chaired by the president of the Personal Status Court of First Instance. Members of the committee will include two personal status judges, the head of the Personal Status Department at Dubai Courts, the head of the family affairs section at the department and a representative of the Community Development Authority in Dubai. The head of the marriage officials and arbitrators section at the department will serve as the committee’s rapporteur.
As per Executive Council Resolution No. (16) of 2022, the couple involved in the marital dispute or one of them will appoint an arbitrator to help resolve their dispute.
According to the resolution, the Committee for Registering Arbitrators is tasked with overseeing the implementation of this resolution, conducting written tests and face-to-face interviews with individuals seeking to list themselves in Dubai Courts’ registry for arbitrators, and reviewing complaints filed against arbitrators.
The judge hearing a marital dispute case will direct the spouses to name their choice of arbitrator. If they fail to do so, the judge will nominate an arbitrator from the registry. The arbitrator named by the spouses should be related to one of them and must be aware of their situation.
The arbitrator should abide by the provisions of Federal Law No. (28) of 2005 on Personal Status and the newly issued resolution. The arbitrator should have a clear idea of his or her role and work to achieve a reconciliation between the spouses.
The resolution also outlines the procedures for marital dispute mediation. The appointed arbitrator will set a date and location for the first mediation session and inform the couple seven days before the date of the session. The spouse seeking separation will present his or her case and a full statement on the alleged abuse he or she was subject to from the other spouse.
The arbitrators are required to do their best to resolve the dispute and can seek the help of any other relative of the spouses to facilitate reconciliation between the couple.
The new resolution replaces Regulation No. (8) of 2006 on arbitrators of personal status cases in Dubai. It also annuls any other decision that may contradict it. The regulations and decisions issued to implement Regulation No. (8) of 2006 will continue to be in place till further notice as far as they don’t contradict Resolution No. (16) of 2022.
Executive Council Resolution No. (16) of 2022 is effective from the date of its publication in the Official Gazette.