News

Mohammed issues laws, decrees

His Highness Sheikh Mohammed

In his capacity as the Ruler of Dubai, UAE Vice President and Prime Minister His Highness Sheikh Mohammed bin Rashid Al Maktoum has issued a number of laws and decrees, one of which creates a centre for the amicable settlement of disputes in Dubai.

Law No. 16 of 2009, which establishes the centre, is among six laws and two decrees that Sheikh Mohammed issued today, all coming into effect from their date of publication in the official gazette.

Containing 16 articles, the law enables the centre to examine disputes to be defined in a statute from the chairman, whatever the nature or value involved.

Cases to which the government is a party and cases necessitating temporal order or summary proceedings will be exempted. Also exempted will be cases that do not fall under the existing jurisdiction of courts and those filed before the issuance of this law.

The law also stipulates that the disputes will be presented before the centre, where a panel of experts led by a judge will Endeavour to settle them amicably.

Any dispute coming under its ambit will not be filed before a court of law until it is tried by the centre. If an amicable settlement is not reached, it may be transferred to a court.

The centre will summon the disputing parties or their legal representatives, and will study their documents and exhibits as well as other evidence, and offer reconciliation between them in order to reach an amicable resolution of their disputes.

The centre will follow a set of procedures to be outlined by the chairman’s ordinance and will specify a period of one month for reaching a settlement.

The centre can also seek the assistance of any expert it deems eligible to submit his/her opinion of technical matters.

If a settlement is reached, it will be recorded and will be signed by both parties. If an amicable resolution fails to materialise, the centre will transfer the dispute to a competent court for trying the case and issuing an enforceable judgment.

Sheikh Mohammed also issued Law No.17 of 2009 setting up Ducab High Tension Cable Systems Co. as a private joint stock company with financial and administrative independence and full legal capacity to carry out its activities and achieve its purposes, with the emirate of Dubai as its main centre.

The law stipulates that the purpose of the company is to manufacture, market and install electrical cables with voltage exceeding 60 KV, possession, rental and management of land and buildings necessary to achieve its objectives and the establishment of corporations and other entities related to its activities. Ducab may provide these entities with funding to enable them to directly engage in any commercial or industrial activity inside or outside the UAE.

Sheikh Mohammed also issued Law No.22 of 2009 regarding the unified record of all establishments and companies in the emirate of Dubai. This record will compile all the details of the establishments and companies operating in the emirate, including those within free zones.

The Dubai Department of Economic Development will be responsible for preparing and maintaining this unified record in coordination with Dubai e-government. The department will also publish periodic statistical reports based on the information compiled in the unified record.

Sheikh Mohammed also issued Law No.23 of 2009 concerning the Mohammed Bin Rashid Establishment for Small and Medium Size Enterprises, recently renamed the Mohammed Bin Rashid Establishment for Young Business Leaders.

The law defines the goals of the establishment for strengthening Dubai’s position as a centre for entrepreneurship and allows for the setting up of projects which encourage entrepreneurship and the innovative ideas of youth. This move seeks to motivate youth to work, as well as to pursue economic activity, such as the development and organisation of programmes and initiatives.

Sheikh Mohammed also issued a law regarding the appointment of retired military and civilian officers at various government departments in the emirate of Dubai, under human resource regulation in place at government institutions. The law also outlines their monthly remuneration and other employment details.

Recognising the crucial importance of free zones in building Dubai’s economy and stimulating the inward flow of foreign capital, Sheikh Mohammed issued a free zone law at Dubai International Airport.

The legislation aims to encourage businessmen to invest in business opportunities available in the zone and to benefit from its location inside the airport, with its facilities, logistical services and human and technological resources.

Sheikh Mohammed has also issued a decree formulating the public budget committee for Dubai government for the fiscal year 2010. The panel’s mandate includes reviewing proposals from Dubai government departments, recommending sources of government funding for the 2010 public budget, evaluating major government projects in the emirate of Dubai and proposing adequate instruments to financing them and supporting the department of financing in planning a zero-operational deficit budget.

Sheikh Mohammed also issued Decree No. 35 of 2009 on converting ownership of Dubai government stakes in Aswaq LLC to the Dubai Corporation for Government Investment.

Thursday, September 24, 2009