12th Al Jazeera Forum: Session 4 - Changing Alliances in the Region

 

2/n An Analysis of UAE’s Federal Law No. 6 of 2021, Mediation of Civil and Commercial Disputes: Introduction and Table of Contents

Introduction

Over the past four years, several countries in the Arab Gulf have created laws supporting commercial mediation in the region.  I summarized those laws for a conference in May 2023, and my slides are available here.  My plan is to analyze these laws over the next several months.

Beginning in March 2023, I started analyzing the new commercial mediation law in Qatar available here.  The first of 16 posts, with a table of contents, appears here.  The series offers more than a paraphrasing of the law.  Instead, it provides context and critique of the law.  

Admittedly, I am analyzing the laws in the Gulf through my own experience as a leader in the mediation field of the United States.  At the same time, I am mindful of the cultural lens I am using and its limits when applied in an Arab Gulf context.  In any event, I hope my analysis fosters thought, clarification, and perhaps modification of the laws emerging in the region. 

On April 29, 2021, UAE President Khalifa Bin Zayed Al Nahyan signed Federal Law No. 6 of 2021, entitled "On Mediation in Civil and Commercial Disputes."   This law provides an important part of the “infrastructure” needed to expand the use of high-quality mediation services in the region as I discussed here. The law contains 29 articles.  

A copy of the Westlaw Middle East English-language version of the law is available here. An Arabic version of the law should be available at www.almeezan the legal portal for UAE laws.

 

Table of Contents

Over the next several weeks, I will analyze the law and assess its strengths and weaknesses using the same approach I took with the Qatari commercial mediation law. I'll use this post as a table of contents and provide links to the topics discussed as I create the posts. 

First, I'll cover the following topics:

• the definition of mediation found in Article 1 and how it compares to other descriptions of the process, and 
• the scope of the law and the types of disputes subject to its provisions.

Then, I will analyze how the law supports or undermines the core values of mediation.

• Party self-determination,
• Mediator impartiality, and
• Confidentiality of communications made during the process.

Finally, I consider:

• the court's management of the litigated case,
• the final settlement agreement,
• the mediator's fees and expenses, and
• Mediator misconduct.

These posts also explore the following topics:

• The mediation agreement
• Judicial referral powers
• Timing of the process
• Tolling of litigation procedures during mediation
• Selection of mediators
• Withdrawal, recusal, or dismissal of the mediator
• Opting out of the process
• Joint and caucus sessions, and
• Use of fact experts and legal evaluators.

I want to thank Wolf von Kumberg, President of Global Resolution Resources LLC, http://www.globalresolutionservices.com/, for providing me with the English-language version of the law.  

Also, this reminder:  The 2021 law has now been replaced by Federal Decree-Law No. 40/2023 On Mediation and Conciliation in Civil and Commercial Disputes, issued on September 28, 2023, and effective 90 days after its publication, which is some time in December 2023.  A copy of the English-language version is available here. 

 

If you would like a copy of either version of the law, please send me a message or a connection request through LinkedIn at www.linkedin.com/in/paulamarieyoung.