Title: Amicable settlements for civil and commercial disputes: a comparative study of Emirati and Egyptian legislations

Authors: Moustafa Elmetwaly Kandeel; Ali Abdel Mahdi Massadeh; Firas Abdel-Mahdi Massadeh

Addresses: College of Law, Al Ain University, Al Ain Campus, P.O. Box 64141, Al Ain, UAE; College of Law, Tanta University, P.O. Box 31111, Tanta, Egypt ' Faculty of Economics and Administrative Sciences, The Hashemite University, P.O. Box 330127, Zarqa 13133, Jordan ' College of Law, Al Ain University, Al Ain Campus, P.O. Box 64141, Al Ain, UAE

Abstract: Non-compulsory amicable dispute resolutions were examined by reviewing the legal nature and concept of mediation and conciliation within the legislations of the UAE and Egypt, in line with contemporary international legislations, such as that of France. We considered those civil and commercial law disputes which may be subject to amicable dispute resolution in pre-trial proceedings, including labour and family law matters and intellectual property rights. Within the latest legislative amended provisions, we also focused on whether the role of the judiciary within the amicable dispute resolution process is an efficient means of conciliation/mediation, and found that some modification of the respective Egyptian and Emirati judicial roles concerning the appointment of a conciliator/mediator is required. With regard to reaching an independent agreement, we present a potential model for doing so via amicable dispute resolution which is based on judicial procedures and strict binding stipulations.

Keywords: amicable dispute resolutions; conciliation; meditation; arbitration; civil procedures law; civil law; labour law; United Arab Emirates; family law Egypt.

DOI: 10.1504/IJEBR.2024.138871

International Journal of Economics and Business Research, 2024 Vol.27 No.4, pp.553 - 567

Received: 05 Aug 2021
Accepted: 06 Oct 2021
Published online: 03 Jun 2024 *

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