Guidance Notes for SC Panel Claims
Filing a Small Claim
- In order to file a small claim, the claimant must submit a P7 form if it a monetary claim or a P8 Form if it is a non-monetary claim. The forms can be found on the website in the eRegistry section and also a fees schedule on the fees applicable. Please refer to RDWT Part 44 – Small Claims Panel for the rules applicable. A full summary of the dispute should be included in the form, the monetary value of the claim (if there is one), what remedy you expect to receive and the reasons of why you are entitled to this remedy.
- Complete information should be in the claim form including your name, address, email address, telephone number and fax number (if available).
- Defendant’s complete information for service should be provided including the name, address, email address, telephone number and fax number.
- If the claim is employment-related, a photocopy of the employment contract and/or offer letter is required.
- On filing a claim that meets the criteria set out in ‘Tribunal Practice Direction No. 2 of 2010 the SC panel will hear and determine a claim that has been transferred to the panel in writing by the chairman of the tribunal or a member of the Tribunal
- The claim form is then served on the defendant by the Registry of Dubai World Tribunal.
- The defendant must respond to the claim within seven days of it being served and must either admit the claim, file a defence to the claim or complete an application to dispute jurisdiction.
- Any documents the defendant wishes to rely upon at the consultation should be filed with the defence.
- The Claimant has seven days to reply to the defence
- After a defence has been filed by the Defendant, or the date of filing the defence has passed, a consultation before a SC Panel Member is fixed by the Registry within seven days.
- It is essential that each party attends the consultation in person. Parties should not be represented by a lawyer. A party may be represented by a non-lawyer with a power of attorney where it appears to the SCP Registrar that it is reasonably necessary. Any full time officer or employee may represent a corporate party, at the consultation. The representative must provide a letter of authorisation at the start of the consultation. All persons appearing at a consultation must provide an identification card or passport.
- The purpose of the consultation is to allow parties to attempt to resolve their dispute, and all consultations will be conducted in private unless otherwise directed by the SC Panel Member.
- If the parties are unable to come to an agreement, and if an agreement seems likely, a second consultation is fixed before the same SC Panel Member in an attempt to further encourage negotiation and settlement of the dispute.
- If the parties are still unable to come to an agreement, then either of the following steps can be taken
Hearing before a 3 Members SC Panel
The SC Panel Member hearing these consultations may direct that a hearing be listed before a three-member SC Panel, which will, upon hearing submissions from the parties, issue a judgment.
Re-allocation to the Tribunal
Order that the small claim be transferred to the Tribunal
Disposal without a hearing
If parties agree the claim may be determined without a hearing