A resolution is passed on appointing arbitrators for marital disputes such as divorce and child custody in Dubai Courts. The Resolution No. (16) of 2022 is decided by the Crown Prince and Chairman of the Dubai Executive Council.
How Does the Resolution Work?
Knowing the Federal Law (28) of 2005 on the Personal Status Laws and adjustments to this Resolution, we discuss the separations that resulted in performance failure and breach of contract. President of personal status first court has to decide and to chair a Committee for arbitrators. Do you know about Dubai Lawyers here? Family Lawyers in Dubai are the top lawyers and arbitrators in Dubai.
The Committee will be designed so that each member and their roles are mentioned in the Resolution to register the arbitrators. The Committee has two judges as
· Head of the Personal Status Department at Dubai Courts.
· Head of the Family Affairs Section.
However, the arbitrators and head of Departments for marriage officials will report the proceedings to the Committee.
Selection of the Arbitrators
According to Executive Council Resolution No. (16) of 2022, any individual in a married relationship can seek dispute resolution through an arbitrator.
What are the Committee’s Responsibilities?
The Committee must ensure transparency in arbitrator registration by conducting one-on-one interviews and conducting written tests of mediators who want to register in Dubai Courts. Moreover, if anyone lodges a complaint against the arbitrator, the Committee must provide its full support to the complainant throughout the process.
Importance of the Judge in Spousal Disagreement Cases
The judge has to inform the parties to choose their arbitrator before they can proceed with the final divorce. In a few cases, the judge can recommend arbitrators, especially if the couple does not know how to choose one. The arbitrator has a personal association with one of the parties to understand the situation entirely.
Primary Responsibility of Arbitrators in Marital Disputes
Based on Federal Law No. 28 of 2005 on Personal Status helping the couple understand reconciliation. Usually, the couple does not want to reconcile, but the arbitrator must try to achieve reconciliation in the first place.
Process of Mediation and Arbitration
The Resolution has created steps to resolve marriage disputes through mediation or negotiation. In the first mediation session, the arbitrator will listen to both individuals. Afterwards, they will try to resolve the case by advising reconciliation. However, the arbitrators can take help from trustworthy relatives of the spouses, advising them to reunite—known as reconciliation.
Replacing the Previous Regulations
This new resolution replaces Dubai’s Regulation No. (8) Of 2006 on personal status arbitrators and invalidates all conflicting decisions. This resolution is found operational since its publication. Working through a marital dispute is difficult, but the UAE’s legal system will support every ethnicity and nationality under its judicial laws and regulations.
Hiring of arbitrators
It is a personal choice where people, want to hire the top arbitrators. We can’t recommend any law company here but yes there are few very amazing law companies in Dubai. Readers can search online.