Centre Created to Amicably Settle Disputes
in Dubai

Law Number 16 of 2009, which establishes the centre, is among six laws and two decrees Shaikh Mohammed issued on Thursday in his capacity as the Ruler of Dubai. They become effective from the day of their promulgation and publication in the official gazette.

Containing 16 articles, Law Number 16 of 2009 enables the centre to examine disputes that are to be defined in a statute from the chairman, whatever be their nature or values involved.

Cases to which the government is a party and cases necessitating temporal order or summary proceedings will be exempted. Also exempted will be cases that do not fall under the existing jurisdiction of courts and those filed before the issuance of this law.

The law also stipulates that the disputes will be presented before the centre, where a panel of experts led by a judge will try to settle them amicably.

Any dispute coming under its ambit will not be filed before a court of law till it is tried by the centre. If an amicable settlement is not reached, it may be transferred to a court.

The centre will summon the disputing parties or their legal attorneys, will study their documents and exhibits as well as other evidences, and offer reconciliation between them for reaching an amicable settlement of their disputes.

The centre will follow a set of procedures to be delineated by the chairman’s ordinance and will specify a period of one month for reaching a settlement.

The centre can also seek the assistance of any expert it seems eligible to submit his/her opinion of technical matters.

If a settlement is reached, it will be recorded and will be signed by both parties. If an amicable settlement becomes impossible, the centre will transfer the dispute to a competent court for trying the case and issuing an enforceable judgment.

The Dubai Ruler also issued Law No.17/ year 2009 setting up the Ducab High Tension cable systems company as a private joint stock company having legal personality and financial and administrative independence and full legal capacity to carry out its activities and achieve its purposes, with the Emirate of Dubai as its main centre.

The law stipulated that the purpose of the company is to manufacture, market and instal electrical cables with voltage exceeding 60 kv, possession, rental and management of land and buildings necessary to achieve its objectives and the establishment of corporations and other entities related to its activities on its own or jointly with others, and funding to enable them to directly engage in any commercial activity or industrial inside or outside the UAE and to carry out any activity that the Governing Council considers necessary to enable the company to achieve any of the activities that are related to or associated with them.

Shaikh Mohammed bin Rashid Al Maktoum, in his capacity as the Ruler of Dubai, also issued law No.22/Year 2009 regarding the unified record for all the establishments and companies in the emirate of Dubai. This record will compile all the details of the establishments and companies operating in the emirate including the free zones.

The Dubai Department of Economic Development will be responsible for preparing and maintaining this unified record in coordination with the Dubai e-government. The department will also publish periodic statistical reports based on the information compiled in the unified record.

The Ruler also issued Law No.23/Year 2009 regarding the Mohammed Bin Rashid Establishment for Small and Medium Enterprises, lately named as the Mohammed Bin Rashid Establishment for Young Business Leaders.

The law defined the goals of the establishment for strengthening Dubai’s position as a centre for entrepreneurship and setting up projects and encourages the entrepreneurial spirit and innovative ideas of youth, entrepreneurs and motivate them to work as well as to pursue economic activity and the development and organisation of programmes and initiatives for the development projects.

The law also made it mandatory on government agencies, institutions and companies owned by the Dubai government or have shares by more than 50 percent of their capital to allocate 50 per cent of their purchases of goods and services provided by the members.

Shaikh Mohammed also issued a law regarding the appointment of retired military and civilian officers at various government departments in the emirate of Dubai, abiding by the human resources rules of the government
institutions.

The law also stipulated their monthly remunerations equivalent to the monthly salary of the grade on which they are appointed. Recognising the crucial importance of the free zones in building Dubai economy and stimulating these clusters to lure in more foreign capital,

Shaikh Mohammed also issued the free zone law at Dubai International Airport.

The legislation aims at encouraging businessmen to invest in business opportunities available in the zone and benefit from its location inside the airport and its facilities, logistical services, huge potentials, human and technological resources and infrastructure that render feasible, secured investment.

Shaikh Mohammed has also issued a decree formulating the public budget committee for Dubai government for the fiscal year 2010. Mandate of the panel includes considering proposals of Dubai government departments on the 2010 budget, recommending sources of government funding of the public budget, evaluating major government projects in the emirate of Dubai and proposing adequate instruments of financing them and supporting the department of financing in planning a zero-operational deficit budget.

Shaikh Mohammed also issued decree no 35 of 2009 on converting ownership of Dubai government stakes in Aswaq LLC to the Dubai Corporation for Government Investment. —