The Dubai Executive Council Decision No. 16 of 2022 (New Arbitration Rules), a new executive order from the Emirate of Dubai, governs the criteria for choosing and working with arbitrators in fault-based divorces. Federal Law No. 28 of 2005 (UAE Personal Status Law), as revised repeatedly, governs family law issues and conflicts in the UAE. The UAE, Personal Status Law, has been changed, requiring parties to substantiate their claims if one of them filed for divorce owing to injury. For instance, if a wife filed for divorce due to physical assault, verbal abuse, physical separation, a lack of financial support, or infidelity.
The Court may require the party in such circumstances to provide proof, such as witnesses, to back up their allegation. If such proof is not presented, the lawsuit can be dismissed for lack of evidence. However, the legislation allows the applicant to re-file his case and ask the Court to appoint arbitrators to resolve the dispute peacefully. The Court may issue the divorce decision if the matter cannot be resolved in this way. In this article, we’ll examine the New Arbitration Rules relating to the appointment of arbitrators in fault-based divorce proceedings, which the Emirate of Dubai issued on the choice of arbitrators.
Appointment of Arbitrator in Fault-Based Divorce in the UAE
Understanding the legal requirements regarding divorce in Dubai is crucial before proceeding with the rules. Family affairs and conflicts are regulated by the terms of Federal Law No. (28) Of 2005, as emphasized by our top arbitration attorneys in Dubai (UAE Personal Status Law). The party seeking a divorce must demonstrate damage or harm inflicted by the other party with the aid of appropriate proof and witnesses, following the Family Law’s rules.
At this stage, the Court usually names an arbitrator to resolve the conflict peacefully. If the arbitration fails, the Court will issue a divorce judgment. Divorce leads to serious financial problems, and everyone involved must work to resolve them. The most popular technique of dispute resolution is “arbitration.”
Application of New Arbitration Rules
It is crucial to remember that the New Arbitration Rules, which supersede the previous rules (Regulation No. 8 of 2006) about arbitrators in family litigation in Dubai, only apply in the Emirate of Dubai.
What benefits does the new legislation provide?
The selection and operation of arbitrators are now substantially controlled according to the new guidelines. These are the significant clauses:
1. Spouses have an equal say in who is chosen as the arbitrator.
Following the New Arbitration Rules, each spouse can choose one arbitrator equally. Two prerequisites must be met when submitting the nomination:
- The arbitrator must be related to one of the spouses or knowledgeable about the dynamics of marriage.
- The arbitrators may not act as a witness or spouses’ guardians.
2. Appointment of arbitrators by the Court
Suppose the parties fail to designate an arbitrator. In that case, the Court will appoint from the list of arbitrators listed under the New Arbitration Rules, as advised by our top arbitration Lawyers in Dubai. A prospective arbitrator must meet several requirements in Article 8 of the revised rules.
- The arbitrator must be a Muslim person
- Above 35 years old, healthy, and physically active.
- A pledge of loyalty must be made before an arbitrator is appointed.
3. What obligations do arbitrators have?
The obligations of arbitrators are spelled out in Article 12 of the New Arbitration Rules and must be followed at all times throughout the arbitration procedure. The arbitrators must follow the New Arbitration Rules, the UAE Personal Status Law, and other pertinent laws.
In addition, he must maintain secrecy and carefully consider all the facts. According to our top arbitration attorneys in Dubai, the arbitrator owes it to the parties to use all reasonable means to resolve their differences. Suppose the Court determines that a settlement cannot be reached. In that case, the lawyer must write a report outlining why the parties are at odds, the degree of the injury to the parties’ relationships, etc., and provide it to the judge.
4. Arbitration hearings and attempts at reconciliation
The arbitrators have a responsibility to do everything in their power to bring the couples together, including enlisting the help of their family members. Suppose the arbitrators determine that reconciliation is not feasible. In that case, they must produce and submit a report to the Court following Article 13(e) outlining the reasons for the disputes, the damage to the parties, and their conclusions.
The Court will appoint two further arbitrators or one arbitrator whose decision will be considered final under Article 13(f) of the New Arbitration Rules if the arbitrators do not reach a consensus. If the arbitrators do not get an agreement, then each arbitrator will submit their report separately.
5. Are the arbitrators subject to dismissal?
According to Article 15 of the New Arbitration Rules, a spouse may seek to fire an arbitrator if they feel that they would not carry out their duties impartially. It would be particularly true if the arbitrator were a spouse’s family, guardian, caretaker, or employee or if the arbitrator and one of the spouses already disagreed.
How do experts like HHS Lawyers and Legal Consultants help you?
HHS Lawyers & Legal Consultants is a Dubai-based arbitration law firm. Our top arbitration lawyers will help you with advice, litigation, and the writing of critical legal papers. For further information, don’t hesitate to contact one of our top arbitration lawyers in the UAE.
So this new ruling regarding marital dispute arbitrators is likely to be useful and effective for the married couples out there. It is important to explore other aspects on this.