Resolving administrative contract disputes using the mediation law in the UAE to achieve amicable consensus and reduce the backlog of cases
Karem Sayed Aboelazm, Shrifa Ayedh Mohsin Almansoori, Kethaya Salem Rashed AlketbiPurpose
This paper examines the role of mediation in resolving state contract disputes under Federal Decree-Law No. (40) of 2023 on Mediation and Conciliation in the UAE, focusing on its potential to simplify or replace traditional litigation and arbitration to expedite case resolution and instil investor confidence. It aims to assess whether mediation can be implemented effectively, despite many constraints in public law, and subject to governmental endorsement.
Design/methodology/approach
This research uses doctrinal and analytical legal methods to examine UAE legislation, judicial trends and institutional frameworks governing state contracts and dispute resolution. It is complemented by a comparative perspective that draws on international best practices to contextualise the UAE model.
Findings
This study finds that mediation in the UAE offers a promising new mechanism for resolving state contract disputes. Although recent legislative and institutional developments support alternative dispute resolution, challenges remain regarding the scope of governmental authority to settle disputes amicably, compliance with public-interest requirements and the lack of a fully developed regulatory framework for public contracts.
Originality/value
This paper offers one of the first comprehensive legal analyses of mediation in state contract disputes in the UAE. It advances a novel perspective by framing mediation as a governance tool that can improve efficiency, reduce litigation burdens and align dispute resolution with modern public management principles.