Today's Edition
DUBAI (ALETIHAD)
The UAE Ministry of Finance held a forum titled “Towards Cooperative Dispute Resolution Environment” in Dubai to explore on the most innovative and advanced global practices and alternative means to judicial proceedings for resolving disputes.
Featuring a number of international and local specialised speakers, including judges, lawyers, CEOs, and academics from federal and local governments, as well as the private sector, the forum aimed to develop knowledge of innovative and effective practices in alternative solutions, in line with the government’s directives to simplify procedures and requirements, clarify the associated advantages and risks, and enhance regulatory frameworks that enhance public-private dialogue. Such efforts are essential for cost reduction, enhancing efficiency and flexibility, sustaining relationships across various parties, and securing the ongoing collaboration for the future.
Her Excellency Mariam Mohamed Al Amiri, Assistant Undersecretary of the Government Financial Management Sector, told Aletihad: “Recently, two federal decree laws were announced in December 2023: The Procurement Law and the Public-Private Partnerships Law. Both laws address mediation, conflict resolution, peaceful solutions, and alternative resolutions to conflict. The new laws require a plan to familiarise federal authorities with their content, as they may be unknown or unfamiliar. In the UAE we currently have laws that regulate mediation. Our role as the Ministry of Finance is to reflect these laws through financial legislation and policies, protecting the interests of suppliers, federal authorities, and the public. This forum aims to spread knowledge, awareness, and familiarise the government with the content of the new laws.”
During the forum, several sessions discussed mediation practice development in the UAE and the need to expand its use as a mechanism for dispute resolution. Discussions also highlighted the efforts of the Ministry of Finance in promoting a cooperative dispute resolution environment, the efforts of the UAE legislator in enhancing mediation, and addressed the legal framework for mediation in the UAE, relevant laws, legislation, and statistics.
Furthermore, a discussion session on the suitability of arbitration and litigation, in contrast to mediation, for addressing complex commercial disputes, took place at the forum and included an interactive constructive exchange between proponents and opponents, emphasizing the strengths and weaknesses of each approach.
Following a presentation on challenges facing mediation in the region, a discussion ensued focusing on practical notes on mediation with emphasis on construction, infrastructure, energy, and technology contracts, in addition to the effectiveness of mediation in resolving disputes and conflicts. The forum concluded with an open dialogue about suggested next steps and practices and exploration of mediation enablers.
