Issued on: 26 March 2025
In a significant move to enhance dispute resolution in Dubai, Resolution No. (4) of 2025 has been issued, expanding the jurisdiction of the Amicable Settlement Center. This resolution, signed by the Acting President of Dubai Courts, Dr. Saif Ghanim Al Suwaidi, outlines new categories of disputes that fall under the Center’s purview.
Key Points of the Resolution:
1- Expanded Jurisdiction:
The Center now has the authority to handle and settle various types of disputes and requests, in addition to its existing responsibilities under Law No. (18) of 2021.
2- Types of Disputes Covered:
- Requests for division of common property, excluding disputes related to inheritance.
- Approval of settlement agreements, regardless of their value.
- Disputes with claims not exceeding AED 500,000, except for substantive disputes involving financial institutions subject to Federal Decree-Law No. (14) of 2018.
- Requests for appointing experts, provided the dispute falls within Dubai Courts’ jurisdiction and is not related to an ongoing or previously adjudicated case.
- Disputes involving UAE nationals over 60 years old, with claims not exceeding AED 1,000,000.
- Disputes involving persons with disabilities or beneficiaries of social financial benefits under Law No. (7) of 2012.
3- Judicial Supervision:
The President of the Court of First Instance will assign one or more judges to oversee the Center’s operations and adjudicate on matters presented to it.
4- Repeals:
This resolution repeals Resolution No. (8) of 2022 and any provisions in other resolutions that contradict it.
5- Effective Date:
The resolution is effective from the date of its publication in the Official Gazette.
This new resolution aims to streamline the dispute resolution process in Dubai, particularly for certain categories of individuals and specific types of disputes. By expanding the Center’s jurisdiction, the Dubai Courts seek to promote amicable settlements and reduce the burden on the court system.
The inclusion of disputes involving elderly UAE nationals, persons with disabilities, and beneficiaries of social financial benefits highlights the government’s commitment to protecting vulnerable groups and ensuring their access to justice through more accessible means.
Legal professionals and residents in Dubai should take note of these changes, as they may affect how certain disputes are handled in the emirate. The resolution’s focus on amicable settlements aligns with Dubai’s broader vision of creating an efficient and fair legal system that caters to the diverse needs of its population.
As this resolution takes effect, it will be interesting to observe its impact on dispute resolution practices in Dubai and whether it leads to a more streamlined and efficient process for the categories of disputes now under the Center’s jurisdiction.
Having said that, contact Khairallah Advocates & Legal Consultants and benefit from our free 30-min legal consultation.
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Authors:
+353 89 616 0670
Certainly, here is your official complaint reformatted without any asterisks and without altering the content:
Official Complaint
To:
The Centre for Amicable Settlement of Disputes – Dubai Courts
or
The Competent Court of First Instance – Dubai Courts
Subject:
Complaint Regarding Illegal Imposition of Construction Delay Penalties, Breach of Contract, and Misrepresentation – Plot HWT_PT32_XL2131B (Akoya Oxygen/Dubai Hills 2 – Hawthorn Community)
Complainant:
Name: Mohammad Azher
Address: Apartment 9, The Tannery, Cork Street, Dublin 8, D08XY56, Ireland
Email: azhermohammad@gmail.com
Phone: +353 89 616 0670
Respondents:
1. Damac Properties Co. LLC – Dubai, United Arab Emirates
2. Frontline Investments Management Co. LLC – Dubai, United Arab Emirates
1. Summary of the Claim
The Complainant, Mr. Mohammad Azher, purchased Plot HWT_PT32_XL2131B in the Akoya Oxygen project (rebranded as Dubai Hills 2) from the Respondents in January 2017, based on contractual guarantees and marketing representations of a luxury residential community with amenities including:
• A 3-kilometer indoor shopping mall.
• A Tiger Woods-designed golf course (“Trumps Golfcourse”).
• The Vista Lux Promenade (retail/leisure space).
• Michelin-starred restaurants and a community center.
The Complainant fulfilled all payment obligations by January 2019. However, the Respondents:
1. Failed to Deliver Promised Amenities (as of 2024), fundamentally breaching the Sale and Purchase Agreement (SPA).
2. Rebranded the Project to “Dubai Hills 2” without prior notice or consent, altering the project’s identity and value.
3. Imposed Illegal Construction Delay Penalties despite their own material breaches.
4. Issued Defective Documentation: Undated/unstamped Terms and Conditions and a Possession Letter (2019) delivered in late 2024 without acknowledgment.
5. Failed to Honor a Villa Swap Agreement despite receiving AED 5,000 on 11th April 2020.
This constitutes breach of contract, misrepresentation, and unfair commercial practices under UAE law.
2. Legal Grounds
3. Breach of Contract (UAE Civil Code, Articles 246, 272):
o Respondents failed to deliver amenities as per the SPA and marketing materials.
o Penalties are unenforceable under Article 390, as the Complainant’s obligations were contingent on Respondents’ performance.
4. Misrepresentation (Federal Law No. 15 of 2020, Consumer Protection, Article 4):
o False advertising of non-existent amenities to induce purchase.
5. Moral Damages (Civil Code, Article 292):
o Chronic stress and reputational harm due to undelivered amenities, illegal penalties, and documentation irregularities.
6. Unjust Enrichment (Civil Code, Article 318):
o Retention of AED 5,000 for the unfulfilled villa swap.
3. Relief Sought
4. Nullify All Construction Delay Penalties imposed unlawfully.
5. Material Damages:
o Compensation for diminished property value due to undelivered amenities (supported by a RERA-certified valuation report).
o Refund of AED 5,000 paid for the villa swap.
6. Moral Damages: AED [X] for stress and reputational harm.
7. Specific Performance: Deliver promised amenities or pay equivalent compensation.
8. Legal Fees incurred in pursuing this claim.
4. Evidence
5. Attachment 1: SPA (January 2017) and payment receipts (2017–2019).
6. Attachment 2: Marketing materials (promised amenities).
7. Attachment 3: Villa swap receipt (11th April 2020) and correspondence.
8. Attachment 4: Undated Terms and Conditions and Possession Letter (2019).
9. Attachment 5: Photographic evidence of undelivered amenities.
10. Attachment 6: Medical report documenting stress (if applicable).
5. Jurisdiction
This complaint falls under Dubai Courts’ jurisdiction as the property is located in Dubai, and all contractual obligations are governed by UAE law.
Signature:
Mohammad Azher
Date: 29th April 2025