As a groundbreaking move in the field of arbitration, the government of Dubai has notified new rules for the appointment and the procedure of working for arbitrators in a fault-based divorce. The new rules have comprehensive provisions, such as equal power of both the spouses in appointment of arbitrator, necessary conditions to qualify as an arbitrator, duties of an arbitrator, etc.
These rules gain substantial importance owing to the increasing number of divorce cases in the Emirates. With the rising cases, it becomes essential to regulate the arbitration procedure associated with the divorce. In this article, we will discuss the highlights of the new rules with the help of our best arbitration lawyers of Dubai.
Fault based divorce in UAE
Before moving ahead on the rules, it is essential to understand the legal provisions surrounding divorce in Dubai. Our top arbitration lawyers of Dubai have highlighted that the family matters and the disputes are governed by the provisions of Federal Law No. (28) of 2005 (UAE Personal Status Law). As per the provisions of the Family Law, the party seeking divorce need to prove injury or harm caused by the other party with the help of sufficient evidence and witnesses.
At this time, the court generally appoints an arbitrator to settle the matter amicably between both the parties. The failure of arbitration results in getting a divorce decree from the court. It is a time-tested observation that divorce causes significant financial issues, and all the parties bear a responsibility to settle the matter. The most common and effective method of settlement is ‘arbitration’.
What does the new law offer?
With the introduction of the new rules, the appointment and working of arbitrator is largely regulated. The key provisions are as follows-
- Equal right of spouses in appointment of arbitrator
The new rules have conferred equal powers to both the spouses to nominate one arbitrator each. While making the nomination, 2 conditions must be satisfied-
- Arbitrator shall be from family of one of the spouses or familiar with the marital conditions
- Arbitrators shall not be a witness or guardian of the spouses.
- Appointment of arbitrators by judges
As suggested by our top arbitration lawyers of Dubai, in case the parties fail to nominate the arbitrator, the judge will appoint from the arbitrators’ roll established under the new rules. Article 8 of the new rules provide certain conditions, which must be met by a potential arbitrator. The arbitrator shall be a Muslim male, medically fit, and shall be above the age of 35 years. It is mandatory for an arbitrator to take an oath before appointment.
- Duties of an arbitrator
Article 12 of the new law provides that the arbitrator must comply with the provisions of UAE Personal Status Law. Further, he shall maintain confidentiality and carefully look upon all the evidence. In the opinion of our best arbitration lawyers of Dubai, the arbitrator carries an inherent duty to make each and every plausible effort to settle the dispute between the parties. If the judge comes to a finding that reconciliation is not possible, he shall prepare a report highlighting the cause of disagreement, extent of harm between the parties, etc. and submit it before the judge.
Conclusion
The new rules are a welcome decision in a progressive direction, as it aim to streamline the arbitration process by setting out detailed guidelines on the manner of appointment, removal, eligibility conditions, etc. for the arbitrators. However, before knocking the doors of arbitrators, it is strongly advisable to take assistance from our best arbitration lawyers of Dubai.
BSB legal is a specialized arbitration law firm of Dubai. Our best lawyers will assist you in advisory, litigation, and drafting essential legal documents. To know more information, kindly contact one of our bestarbitration lawyers in UAE. You can email us at info@bsb.legal or call +971 5 016 05046.