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Dubai issues new resolution on Arbitrators for marital disputes

Dubai issues new resolution on Arbitrators for marital disputes

Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of The Executive Council of Dubai, has given an Executive Council resolution on arbitrators appointed to assist with the marital disputes in personal cases in Dubai. It applies to cases connected with separation on the grounds of inconvenience and breach as framed in Federal Law No. (28) of 2005 on the Personal Status Law and its amendments.

According to the new resolution, will form the Committee for Registering Arbitrators. Members of the Committee will include the head of the Personal Status Department at Dubai Courts, the head of the family affairs section at the Department, and a delegate of the Community Development Authority in Dubai. The head of the marriage officials and arbitrators’ section at the Department will act as the Committee’s rapporteur.

As per this resolution, the couple involved in the marital dispute will appoint an arbitrator to help resolve their dispute. The judge hearing a marital dispute case will guide the spouses to name their decision of the arbitrator. If they fail to do as such, the judge will nominate an arbitrator from the registry. The arbitrator named by the spouses should be connected to one of them and should be aware of their situation.

The arbitrator should follow the provisions of Federal Law No. (28) of 2005 on Personal Status and the newly issued resolution. The resolution additionally frames the procedures for marital dispute mediation. The appointed arbitrator will mark a date and location for the first mediation session and illuminate the couple seven days before the date of the session. The arbitrators are expected to do their best to resolve the dispute and can look for the assistance of any other relative of the spouses to work for reconciliation between the couple. The new resolution replaces regulation No. (8) of 2006 on arbitrators of individual status cases in Dubai. It also revokes any other decision that may contradict it.