Dubai amends its Conciliation Law
The Government of Dubai has long promoted forms of alternative dispute resolution in the Emirate, from the encouragement of various arbitration institutions like the Dubai International Arbitration Centre to ad hoc committees of the Ruler’s Court. One of the bodies for ADR is the Centre for the Amicable Settlement of Disputes (CASD), which is affiliated with the ‘on shore’ Dubai Courts. The CASD aims to settle disputes through mediation and to provide a faster, cheaper and confidential way for resolution.
Law No. (9) of 2025 in Dubai amends the conciliation procedures for dispute resolution. It introduces changes to Dubai Law No. 18 of 2021 (the Conciliation Law), focusing on enhancing clarity, efficiency, and enforceability of settlement agreements. The amendments also strengthen the role of the CASD and other authorized bodies in resolving disputes.
Purpose of the amendments to the Conciliation Law
The amendments aim to streamline the dispute resolution process by promoting conciliation as a preferred method before resorting to full court trials, especially for family disputes and cases referred by the Dubai Courts.
Key Changes
Ten articles of the original Conciliation Law have been amended, of which the main ones are as follows.
Mandatory conciliation (articles 5 and 7). Certain types of disputes, including family matters and cases agreed upon by both parties to be handled by CASD, are now subject to mandatory conciliation before they can be filed in court. Exemptions to conciliation remain, like matters involving the confirmation of marriage or divorce, guardianship or inheritance. However, amendments to the Conciliation Law permit CASD to delegate its functions to government agencies or other authorised entities, which may see other conciliatory bodies established in future.
Streamlining of the conciliation process (article 6). At the same time, the conciliation process has been streamlined. All disputes referred for conciliation must be filed and case-managed digitally by the assigned judge. In personal status matters such as appropriate family disputes, a specialist Family Reconciliation and Guidance Committee (FRGC) will manage the process.
Provision of experts (article 6). The amended law allows CASD and the FRGC to engage experts to review information and give opinions. The decision to engage an expert must set out the scope of work, timeframe, fees and the party liable for payment.
Enforceability (articles 23 and 27). The new law strengthens the enforceability of settlement agreements reached through conciliation. Previously, the appropriate judge would approve and affix the executory formula after CASD’s review. Now, settlement agreements are certified by the conciliator directly, provided the conciliator is duly authorized to do so. Challenges to settlement agreements have been narrowed, with challenges on the grounds of fraud or deception being the only ones permitted under the new law. Challenges must be filed within five working days of the conclusion of the settlement agreement. Challenges to a conciliator’s refusal to certify a settlement are recognised for the first time; these must be made within five working days of the refusal. In all cases, challenges are to be considered by a competent judge.
Dispute escalation (article 28). Before the amendments, claims falling within CASD’s jurisdiction could not be brought in the Dubai Courts unless first submitted to CASD or an authorised conciliator. The rules on jurisdiction have been tightened to make clear the Dubai Courts have no jurisdiction if CASD does; any cases inappropriately filed in the Dubai Courts must be referred for conciliation.
Conclusion
The amendments to the Conciliation Law are welcome because they strengthen and widen Dubai’s ADR offering. Commercial clients with disputes before the Dubai Courts may be particularly interested in accessing CASD (if their disputes fall within its jurisdiction) or any of the other conciliary bodies that may be created in the future.
