Decree No 30 of 2007

Appointing a Special Judicial Committee on Tenancy Dispute Resolution for the Emirate of Dubai

We, Mohamed Bin Rashid Al Maktoum, the Ruler of Dubai,

Taking cognisance of Law No. 3 of 2003 appointing the Dubai Executive Council;

Law No. 7 of 2006 concerning property registration in the Emirate of Dubai;

Law No. 8 of 2007 concerning real estate development trust accounts in the Emirate of Dubai;

Law No. 16 of 2007 setting up the Real Estate Regulatory Agency;

Decree No. 2 of 1993 appointing a special judicial committee to resolve landlord-tenant disputes, as amended; and Regulation No. 3 of 2006 designating the areas in which non-UAE nationals may own freehold property in the Emirate of Dubai Decree as follows:

Article (1)

A special judicial committee called the ‘ Judicial Committee on Dispute Resolution’ shall be set up with exclusive authority to consider and decide all disputes relating to real property located in the areas designated in said Regulation as areas in which foreign freehold ownership of property is permitted. The Committee shall, in particular, decide issues arising from:

1 – Disputes relating to ownership interests in real estate in the said areas including disputes concerning usufruct rights over real property and any related rights in rem

2 – Disputes arising out of the actions of property agents 3 – Disputes arising out of leases of more than 5 years

Article (2)

The Committee shall comprise a chairman and at least 5 members appointed by a decision from the Chairman of the Executive Council

Article (3)

The Committee shall convene with the presence of a majority of its members and shall pass its resolutions by a majority vote of attending members

Article (4)

The Committee’s decisions shall be final and non-appealable and shall be enforced by the Execution Division attached to the Dubai Courts

Article (5)

The Committee shall issue its decisions in accordance with the laws and regulations in force in the Emirate of Dubai, particularly property legislation

Article (6)

In order to decide cases, the Committee shall:

1 – Resolve and settle the disputes through conciliation and arbitration if the parties so agree 2 – Avail of the assistance of experts, consultants and engineers specializing in the property sector

Article (7)

The Chairman of the Executive Council shall issue a decision concerning the Committee’s procedural rules including fees and costs for the cases and transactions mentioned in this Decree

Article (8)

This Decree shall be published in the Official Gazette and shall take effect from the date of publication

Mohamed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 30th December 2007
Corresponding to 21 Dhu al-Hija 1428 AH

 

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