Decree No. (26) of 2013 Concerning the Rent Disputes Settlement Centre in the Emirate of Dubai Article (7 – 12)
Article (7) Organisational Structure of the Centre
A. The organisational structure of the Centre will consist of two sectors: a judicial sector and an administrative sector.
B. The judicial sector will comprise the following divisions and organisational units:
- the Mediation and Conciliation Directorate;
- the First Instance Division;
- the Appellate Division; and
- the Judgment Enforcement Directorate.
C. The administrative sector of the Centre will comprise a number of organisational units charged with the duty of providing technical and administrative support to the judicial sector.
Article (8) Chairman of the Centre
A chairman, who must be a judge whose grade is not be lower than the grade of an appellate court judge, will be appointed to the Centre pursuant to a decree issued by the Ruler. The chairman will undertake the supervision of the judicial sector of the Centre and will, in particular, have the powers to:
- Supervise the distribution of claims at the First Instance Division and the Appellate Division;
- Propose the regulations and resolutions necessary for the regulation of the work in the judicial sector of the Centre, including the fees and the charges for services provided by the Centre; and
- Coordinate with all judicial and government entities with respect to all matters relating to the work of the Centre in the judicial sector.
Article (9) Secretary General of the Centre
A secretary general will be appointed to the Centre pursuant to a resolution issued by the director general of the Department to undertake the supervision of the administrative sector of the Centre and any other duties assigned or delegated to him by the chairman of the Centre.
Article (10) Mediation and Conciliation Directorate
A. A Mediation and Conciliation Directorate will be established in the Centre with the power to amicably settle Rent Disputes in accordance with the rules adopted in this respect by the chairman of the Centre, with the exception of the following:
- Orders, applications, and claims which are urgent or interim; and
- Claims that have been registered before the effective date of this Decree.
B. The Mediation and Conciliation Directorate will be comprised of a number of lawyers and experts to be appointed by the Department.
C. Rent Disputes submitted to the Mediation and Conciliation Directorate will be heard and settled by a number of specialists working under the supervision of a judge assigned to work with the Centre for this purpose.
D. The Mediation and Conciliation Directorate will hear a Rent Dispute submitted to it by summoning the parties or their representatives, reviewing the documents and related evidence, proposing a settlement to the parties, and reconciling their points of view for the purpose of reaching amicable settlement of the Rent Dispute.
E. The time bar periods and limitation periods stipulated by the legislation in force will be suspended from the date of registering the Rent Dispute with the Mediation and Conciliation Directorate.
F. The Mediation and Conciliation Directorate will seek to amicably settle the Rent Dispute within a period not exceeding fifteen (15) days from the date of appearance of the parties before it. This period may be extended for the same period or periods by a decision of the judge supervising the Mediation and Conciliation Directorate.
G. Where settlement between the parties to the Rent Dispute is reached, this settlement will be documented in a settlement agreement to be signed by the parties and approved by the judge supervising the Mediation and Conciliation Directorate. This agreement will have the force of a writ of execution.
H. The Mediation and Conciliation Directorate may, as it deems appropriate, seek assistance from experts and specialists to provide technical expertise in the matters submitted to it. The decision to seek assistance from an expert will specify the scope of his assignment, the period required for completion of this assignment, his remuneration, and the party responsible for payment of such remuneration.
I. A fee will be charged for the registration of a Rent Dispute submitted to the Mediation and Conciliation Directorate in accordance with the fees prescribed for the registration of claims at the Centre. One-half of the fee will be refunded if amicable settlement is reached between the parties to the Rent Dispute.
Article (11) Appointment of Chairs and Members of Tribunals
The chairs and members of the Tribunals that comprise the First Instance Division and Appellate Division will be appointed pursuant to a resolution of the chairman of the Council.
Article (12) Taking the Oath
Before assuming their duties, members of Tribunals who are not judges will take the following oath before the chairman of the Council: “I swear by Allah the Almighty that I will administer justice, respect the laws, and discharge my duties with integrity and honesty”.