Decree No. (26) of 2013 Concerning the Rent Disputes Settlement Centre in the Emirate of Dubai Article (13-21)
Article (13) The First Instance Division
A. The First Instance Division will be comprised of a sufficient number of Tribunals, each of which is formed of a chair and two (2) competent and experienced members specialised in law and real property. These Tribunals will have the jurisdiction to determine the Rent Disputes referred to in Article (6) of this Decree, and the chair of each Tribunal must be a judge. Notwithstanding the foregoing, the chairman of the Council may appoint an experienced and specialised lawyer as chair of any of these Tribunals.
B. The chairman of the Centre may designate one or more Tribunals within the First Instance Division to hear certain types of Rent Disputes depending on the nature of the claim, or the location or nature of use of the leased real property unit.
Article (14) The Appellate Division
The Appellate Division will be comprised of a sufficient number of Tribunals, each of which is formed of two (2) judges and one (1) experienced member specialised in real property. The chair of each Tribunal must be a judge. These Tribunals will have jurisdiction to determine the appeals from decisions and judgments issued by the First Instance Division. Judgments of the Appellate Division will be final and not subject to any form of appeal, and will be enforced in accordance with the procedures and rules adopted by the Centre.
Article (15) Meetings of Tribunals
Meetings of Tribunals will be valid if attended by all their members, and decisions will be issued in the name of the Ruler, unanimously or by majority vote.
Article (16) Determining Claims
The Tribunals formed under the provisions of this Decree must determine the rent claims referred to them within a period not exceeding thirty (30) days from the date of referral of the claim file to them. This period may be extended for the same period in accordance with the rules and procedures adopted in this respect by the chairman of the Council.
Article (17) Appeals from Decisions of the First Instance Division
A. Judgments of the First Instance Division will be appealed to the Appellate Division, with the exception of judgments issued for rent claims whose value is less than one hundred thousand Dirhams (AED 100,000), which will be final and not subject to any form of appeal.
B. Judgments issued by the First Instance Division for claims whose value is less than the value mentioned in paragraph (a) of this Article may be appealed in any of the following cases:
- where an eviction judgment is issued;
- where the judgment issued breaches the rules of jurisdiction;
- where the judgment grants relief that has not been requested by the parties, which exceeds that which they requested, or where the judgment fails to address relief requested by the parties;
- where the judgment is issued against a person who was not duly represented in the claim, or where the service of the summons was invalid;
- where the judgment is based on documents which are acknowledged as or judicially declared to be false after the judgment has been issued, or where the judgment is based upon testimony that is judicially declared to be false after the judgment has been issued; or
- where a party to a contract concealed from the First Instance Division evidence or documents that would have changed the judgment.
Article (18) Time Limit for Appeal of Judgments
A. The time limit for appeal of a judgment issued by the First Instance Division is fifteen (15) days from the day following the date of the hearing in which the judgment was issued. Where the party against whom the judgment is issued has failed to appear in all hearings of the claim and failed to submit a defence, the time limit for appeal will commence from the date upon which he is served with the judgment.
B. To admit an appeal of a judgment issued by the First Instance Division in claims involving financial claims, the party against whom the judgment was issued must deposit half of the judgment amount with the Centre until the appeal is determined. Notwithstanding the foregoing, the chairman of the Centre may decide to admit the appeal without deposit of that amount or upon payment of a part thereof.
Article (19) Applicable Sources
The Tribunals will determine Rent Disputes and appeals submitted to it by reference to:
- the legislation in force in the Emirate;
- the provisions of Islamic Sharia;
- principles of natural justice and rules of truth and fairness; and
- custom, provided that such custom does not contradict the laws, public order, or public morals.
Article (20) Operating Procedures of the Centre
The Chairman of the Centre will issue regulations concerning the procedures and rules to be adopted by the Centre in all matters relating to the registration, determination, and enforcement of claims and applications by the First Instance Division, the Appellate Division, the Mediation and Conciliation Directorate, or the Judgment Enforcement Directorate. Until such regulations are issued, the Centre may be guided by the provisions of the procedural rules adopted by the Special Tribunal to Determine Disputes between Landlords and Tenants.
Article (21) Enforcement of Judicial Judgments
All final and irrevocable judgments issued by the First Instance Division and the Appellate Division will be enforced by the Judgment Enforcement Directorate of the Centre. The chairman of the Centre may seek assistance from the Execution Department of Dubai Courts to enforce the judgments issued by the Centre.