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

Author

Listed:
  • Moustafa Elmetwaly Kandeel
  • Ali Abdel Mahdi Massadeh
  • Firas Abdel-Mahdi Massadeh

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.

Suggested Citation

  • Moustafa Elmetwaly Kandeel & Ali Abdel Mahdi Massadeh & Firas Abdel-Mahdi Massadeh, 2024. "Amicable settlements for civil and commercial disputes: a comparative study of Emirati and Egyptian legislations," International Journal of Economics and Business Research, Inderscience Enterprises Ltd, vol. 27(4), pages 553-567.
    • Handle: RePEc:ids:ijecbr:v:27:y:2024:i:4:p:553-567
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