Ministry of Finance Organises ‘Towards Cooperative Dispute Resolution Environment’ Forum
January 24, 2024
January 24, 2024
The UAE Ministry of Finance today held a forum titled ‘Towards Cooperative Dispute Resolution Environment’ in Dubai. The forum explored the most innovative and advanced global practices and alternative means to judicial proceedings for resolving disputes. It also sought 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. This is crucial to reducing costs, improving efficiency and flexibility, maintaining relationships between different parties, and ensuring the continuity of future cooperation among them.
Commenting on the significance of the forum, Her Excellency Mariam Mohamed Al Amiri, Assistant Undersecretary of the Government Financial Management Sector, said: “The UAE is keen on providing flexibility in alternative solutions for dispute resolution by issuing legislation that establishes the concepts of mediation, including Federal Law No. 12 of 2023 regarding public-private partnerships, and Federal Law No. 11 of 2023 on federal government procurement, both of which allocate special provisions for alternative dispute resolution mechanisms such as arbitration and mediation.”
The forum featured several international and local specialised speakers, including judges, lawyers, CEOs, and academics from federal and local governments, as well as the private sector.
The forum’s sessions discussed mediation practice development in the UAE, from the need to expand its use as a mechanism for dispute resolution, highlighting the efforts of the Ministry of Finance in promoting a cooperative dispute resolution environment, the efforts of the UAE legislator in enhancing mediation, and discussing international and local developments. The sessions also covered the mediation legal framework in the UAE, relevant laws, legislation, and statistics.
Moreover, a debate took place on whether arbitration and litigation are better suited to resolve complex commercial disputes than mediation, featuring a constructive discussion between those with and those opposing, highlighting the strengths and weaknesses of both sides while also interacting with the audience.
Following a presentation on challenges facing mediation in the region, there was a discussion on practical notes on mediation with emphasis on construction, infrastructure, energy, and technology contracts, which presented the effectiveness of mediation in resolving disputes and conflicts.
The final session, an open dialogue about suggested next steps and practices, explored mediation enablers.