Dubai has introduced a new executive decision. And it is called “Dubai Executive Council Decision”. It governs the appointment and procedure for arbitrators, especially in fault-based divorces. Family law matters and disputes in United Arab Emirates are regulated by a Law known as UAE Personal Status Law. The recent changes in this law require parties to provide evidence. Family Law Advocates and Legal Consultants can throw a better light on this.
For instance, if they seek a divorce based on harm caused by the other party, such as physical violence, verbal abuse, financial neglect, or adultery. In this case, if the evidence is insufficient, the case may be rejected. But, the applicant has the right to file the case again. Further, it can request the appointment of arbitrators. If arbitration fails, the court may grant the divorce decree.
This decision in Dubai, specifically pays attention and focuses on the appointment of arbitrators in Dubai. It replaces the existing rules in Dubai. This regulation is much related to arbitrators in the family court cases. In fault-based divorce proceedings, both parties have the right to nominate one arbitrator. There are two arbitrators.
Added, they should not be witnesses, representatives, or guardians of either spouse. If the spouses or one of the spouses is unable to nominate arbitrators, the judge can appoint arbitrators from a designated list. To be included in the list, arbitrators must meet certain conditions outlined as per the law. These conditions include being a Muslim male with full legal capacity or being medically fit.
Moreover, it also includes being married or previously married, having good conduct and behavior, having no felony convictions, being familiar with Sharia law, and being at least 35 years old. Both arbitrators appointed by the judge and those nominated by the spouses must take an oath for the arbitration to be valid.
They must maintain confidentiality during the proceedings. They should also investigate the causes of discordance, address the spouses respectfully, and not rush into making decisions regarding separation. The arbitrators’ prime duty is to make efforts to reconcile the spouses. Besides, they also provide assistance from their relatives. If reconciliation is deemed impossible, the arbitrators must prepare a report detailing the causes of disagreements. Alongside, they also ensure the extent of harm between the parties, and their conclusions.
In cases where the arbitrators do not reach the same conclusion, additional arbitrators may be appointed. Their opinions will determine the outcome of the case. Under Article of the Dubai Decision, a spouse can request the dismissal of an arbitrator, under some circumstances. In case, if they believe the arbitrator cannot perform their duties impartially.
This may be the case if the arbitrator is a relative, guardian, custodian, or employee of either spouse or if there is an existing dispute between one of the spouses and the arbitrator. The Dubai Decision, also known as the Dubai Executive Council Decision. It outlines the duties and responsibilities of arbitrators involved in fault-based divorces. These arbitrators have specific obligations. They must be fulfilled during the arbitration process.
Firstly, the arbitrators are required to adhere to the provisions of the UAE Personal Status Law, the Dubai Decision itself, and any other relevant rules that govern family disputes. This ensures that their actions and decisions align with the legal framework. It is quite important to establish for resolving such matters. Confidentiality is a crucial aspect of the arbitration proceedings need to be maintained.
This helps create a safe and secure environment for open discussions and negotiations. The arbitrators also have the responsibility to investigate the causes of discordance between the spouses. They are expected to thoroughly examine the issues and factors contributing to the breakdown of the marital relationship. By understanding the root causes, the arbitrators can better guide the parties toward potential solutions.
Importantly, the arbitrators should not rush into making a decision regarding separation. Instead, they are encouraged to take their time to carefully consider all relevant factors and evidence presented by the spouses. This ensures that the decision reached is fair, just, and well-informed.
One of the primary duties of the arbitrators is to make earnest efforts toward reconciling the spouses. They should explore all possible avenues for reconciliation. It may include seeking assistance from their relatives. Reconciliation is seen as a desirable outcome whenever feasible, as it can help preserve family relationships and minimize the emotional and financial impact of divorce.
In cases where the arbitrators determine that reconciliation is not possible, they are required to prepare a comprehensive report. The report is then submitted to the judge. If the arbitrators cannot reach a unanimous conclusion, each arbitrator will submit their individual report. In such situations, the court has the authority to appoint two additional arbitrators or a single arbitrator whose opinion will prevail.
This mechanism ensures that a fair decision is reached, even in cases where the initial arbitrators have differing views. Furthermore, the Dubai Decision allows for the dismissal of an arbitrator if a spouse believes that they cannot perform their duties without bias.
This is particularly applicable if the arbitrator has a personal or professional relationship with one of the spouses or if there is an existing dispute between them. Dismissal ensures that the arbitration process remains impartial and fair. In conclusion, the Dubai Decision is a positive development in the regulation of family disputes. It aims to streamline the arbitration process.
Therefore, it makes clear efforts to outline the roles and responsibilities of arbitrators. While the effectiveness of this decision will be observed over time to reach a just conclusion. It represents a significant step towards ensuring a fair and amicable resolution of fault-based divorces in Dubai.