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Forming a Special Tribunal to Determine Cheque Disputes Relating to Real Property Transactions
Number: Decree No. (56) of 2009 Issued On: 1 November 2009 Type: Decree Law

Decree No. (56) of 2009
Forming a Special Tribunal to Determine
Cheque Disputes Relating to Real Property Transactions
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (3) of 1992 Establishing the Dubai Courts and its amendments;
Law No. (1) of 1994 Concerning Court Fees and its amendments;
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai;
Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the
Emirate of Dubai; and
Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai
and its amendments,
Do hereby issue this Decree.


Article (1)
Pursuant to this Decree a special tribunal named the “Special Tribunal to Determine
Cheque Disputes Relating to Real Property Transactions” (the “Tribunal”) is formed as
follows:
1. a judge from the Court of Appeal of the Dubai Courts, as chairman;
2. a judge from the Court of First Instance of the Dubai Courts, as member; and
3. a representative from the Land Department, as member.


Article (2)
Before assuming his duties, a member of the Tribunal who is not a judge shall take the
following oath before the Director of His Highness the Ruler’s Court:
“I swear by Allah the Almighty that I shall administer justice, respect the laws, and
discharge my duties with integrity and honesty.”


Article (3)
The Tribunal shall have exclusive jurisdiction to determine complaints related to
dishonoured cheques issued by purchasers to Real Property developers, or cheques issued
by the usufructuaries and long-term lease Tenants of Real Property whose rights are
governed by the above-mentioned Law No. (7) of 2006.


Article (4)
For the purpose of determining the cheque-related complaints filed with it, the Tribunal
shall have the authority to:
1. cancel a dishonoured cheque issued to a Real Property developer if it is proven that
the developer is not entitled to the amount of the cheque;
2. order the cheque issuer to write a new cheque payable on a date prescribed by the
Tribunal to replace the cheque subject of the complaint;
3. refer the dishonoured cheque to the competent judicial authority to take the
appropriate legal action against the cheque issuer if the Real Property developer is
entitled to the amount of the cheque; or
4. seek the assistance of Real Property experts and specialists as it deems appropriate.


Article (5)
a. Law enforcement authorities, including the police, must refer to the Tribunal all
cheque-related complaints governed by the provisions of this Decree.
b. The Public Prosecution and the Courts may not investigate any case of dishonoured
cheques governed by this Decree, or determine any dispute related to these cheques,
before the dispute is referred to and heard by the Tribunal. In addition, the Public
Prosecution and the Courts must cease hearing any complaint or penal action related
to these cheques, and refer the same to the Tribunal for consideration in accordance
with the provisions of this Decree.


Article (6)
A judgement rendered by the Tribunal shall be irrevocable, definitive, and not subject to
appeal.
These judgments shall be enforced through the Enforcement Department of the Dubai
Courts.


Article (7)
Subject to the provisions of this Decree, the Tribunal shall exercise its powers in accordance
with:
1. the laws in force in the Emirate of Dubai;
2. the provisions of Islamic Sharia;
3. custom, unless it contradicts the law, public order, or public morals; and
4. the principles of natural justice, equity, and fairness.

Article (8)
This Decree comes into force on the day on which it is issued, and shall be published in
the Official Gazette.


Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 1 November 2009
Corresponding to 13 Thu al-Qidah 1430