Dispute Resolution Policy

Payment Dispute

The Business to Customer Dispute Resolution Service (“B2C) at the Sharjah Economic Development Department has facilitated a dispute resolution mechanism for disputes in business to Customer transactions. This facility allows any complainant, wherever based to file a complaint against trader-licensed entities in Dubai for disputes related to commercial transactions. Specifically, the dispute resolution mechanism accommodates complaints where the defendant/respondent is licensed in Dubai.

Disputes that do not require technical experts and/or have sophisticated contracts, can be resolved through B2C, whose decision is binding. The B2B aims to reach an amicable settlement between both parties within an average of 10 working days.

Although there is no exhaustive list that B2C will address in terms of disputes, however, it endeavours to resolve disputes that predominantly relate to commercial transactions. Such transactions would primarily involve either contractual terms or invoices against provision of goods and/or services.

The disputes that are not within the domain of B2C specifically include:

Disputes related to
a) Wrong product received.
b) The product is not as described.
c) Damaged or seal broken on the product.
d) Part/Accessory missing.
e) The product number is incompatible.
f) Merchant Name/Brand Name specified is wrong.
g) Defective/functional Issues.
h) The product is not working and the manufacturer claims invalid invoice].

the amount of claim does not justify resorting to court; or
when the nature of dispute can be addressed fairly quickly; and
the contentious issues do not require specific expertise in technical areas or ambiguities requiring court judgment.
The B2C mechanism in terms formalities, requirements and procedures are less demanding than those of the courts and traditional disputes settlement forums. Costs as such are much less when raising disputes with the B2C. Moreover, unlike other UAE authorities, the B2C will accept to consider reviewing documents, which are in English.

For plaintiffs based outside the UAE and wishing to appoint local representatives, the B2C will accept simply signed authorisation / representation letters from the plaintiffs for that purpose. These added facilities with the B2C constitute another cost saving advantage to plaintiffs in terms of legalisation and translation charges.

The B2C services provides assurance to doing business in Dubai and further enables businesses all over the world to avail of a cost effective and time managed dispute resolution mechanism.

Mediation

Mediation is a kind of process wherein the parties seek a mediator to avail in achieving a settlement. The third- party individual helps parties to settle to an agreement. The objective of mediation is for an unbiased third party to enable disputants to agree all alone. Instead of forcing an answer, an expert mediator works with the conflicting sides to investigate the underlying positions and to figure out what honestly is going on behind the narratives. Mediation is a suitable method to resolve issues since it is not akin to bringing disputes to legal proceedings, which is more expensive and lengthier. Therefore, it is advisable to fix things through alternative resolution (ADR) methods such as mediation

Arbitration

The UAE issued a new arbitration law, Federal Arbitration Law No. 6 of 2018 (“the Arbitration Law”), thus annulling the provisions of the Arbitration Chapter in the UAE Civil Federal Law No. 11 of 1992; this is a process wherein an arbitrator settles a dispute. A settlement and decision wouldn’t be considered as binding unless the two parties concurred. There is additionally a third-party person who is known as an authority and will serve as a judge. Much the same as mediation, an arbitrator listens to each party and yet everyone contends and presents their evidence for their rights.

Litigation

Litigation is a type of process wherein the dispute arises before the proper courts, and a judge (and jury if relevant) will decide given the proof that has been displayed and delivering a verdict concerning the case. The two parties engaged with this, and they shield their rights utilizing a dispute lawyer as they experience procedures; this is thought to be a definitive method for settling a difference between two sides.

Customers wishing to resolve claims with or potentially to recover the debts from Dubai based companies, which have unmistakably defaulted on their payments, can now take the help from the Department of Economic Development (DED) which has enabled a dispute resolution mechanism for disputes between companies. The Commercial Control and Consumer Protection Department (CCCP) at the Department of Economic Development have built up the Business Protection Department (BPD). This department provides local business dispute settlement service in Dubai, regardless of whether by intermediation or by other amicable settlements strategy stipulated by laws. The department also can provide business to business (B2B) commercial dispute settlement services in the Emirate of Dubai and to educate traders about the regulations and procedures required to create a safe trading environment.

Traders who submit their complaints to the department of economic development (DED) in Dubai are presently having them settled within an average of 10 working days.

According to the business protection section of the DED, this time limit should not be taken as being official and final, as the BPD Board has the discretion to make more time if cases require it or vice versa should it be seen as relevant.

Complaint Procedure

Customer who submit complaints to the Sharjah will commence the proceeding by reaching the CCCP to complain. If there is a legitimate grievance, the complainant may charge for conducting a contextual analysis and allude the matter to mediation within ten days. The intervention will take the form of a meeting of parties convened by the Business Protection Division which expects to settle the complaint amicably. actual terms or invoices against a provision of goods and services.

Criteria for filing the complaint

1. Disputes shall be commercial.
2. The defendant shall be trading establishment /Company registered in DED.
3. Determination of the dispute cannot occur during the process of being heard before any other judicial/legal/administrative authority.

Requirements for Filing Complaints

1. Providing a copy of the documents which validate their claim.
2. A non-refundable complaint examination fee will require payment.

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