Board of Trustees
Formation of the Board of Trustees
The Board of Trustees shall consist of 21 members who are highly qualified in the field of arbitration from amongst legal consultants, lawyers, academics and other specialised professions from inside and outside the Emirate.
Appointment of the Board of Trustees
- The Board of Trustees shall be appointed by a decree issued by the Ruler;
- If the position of one or more of the members of the Board of Trustees is vacated, substitute members shall be appointed in accordance with the provisions of paragraph (a) hereinabove. However, the Board of Trustees shall continue to perform its duties provided that the remaining number of members shall not be less than thirteen.
Term of the Board of Trustees
- The term of the Board of Trustees shall be for three years from the date of appointment and any member may be re-appointed for further period(s). However, if for any reason, a new member is appointed the term of appointment shall be for the remaining period of the Board term.
- If the term of the Board of Trustees expires and no new Board is appointed, the Board shall continue discharging its duties and powers until such time as a new Board is appointed.
Functions of the Board of Trustees
- The Board of Trustees shall carry out the following functions :
- Setting down and supervising the implementation of the general policy which aims to achieve the objectives of the Centre;
- Proposing amendments to this statute which should be presented to the Ruler for approval and promulgation by a decree;
- Setting down the rules of conciliation and of arbitration which should be presented to the Ruler for approval and promulgation by a decree;
- Issuing by-laws regulating the other methods of Alternative Dispute Resolution;
- Issuing the administrative and financial by-laws necessary for regulating the activities of the Centre;
- Issuing by-laws regulating membership of the Centre;
- Adopting the annual budget of the Centre as well as approving the closing account for the previous fiscal year;
- Adopting the annual report on the activities and functions of the Centre;
- Appointing the Director of the Centre upon the nomination of the Committee;
- Any other functions assigned to the board under the provisions of this statute, the rules of conciliation and of arbitration or the by-laws of the Centre.
- The Board of Trustees may delegate any of its powers and duties to the Committee.
Election of the Chairman and Vice-chairman of the Board of Trustees
- Once appointed, the Board of Trustees shall be called to a meeting by the Director of the Centre for the election of a Chairman and a Vice-chairman. This meeting shall be convened within three months from the date of the issue of the decree appointing the members of the Board.
- If the position of Chairman or Vice-Chairman is vacated, or if both or either one of them fails to carry out his duties, the board shall elect a substitute from amongst its members for the remaining term of the Board.
Meetings of the Board of Trustees
- The Board of Trustees shall hold meetings at least twice a year.
- The Chairman, upon a proposal by the Committee, shall call upon the Board of Trustees to attend a meeting. Invitations for a meeting should be made 45 days prior to the date of that meeting. The invitation shall enclose the agenda of the meeting.
- Subject to paragraphs (f) and (g) of this article, the quorum for the meetings of the Board of Trustees shall be realized by the presence of at least eleven members.
- The meeting shall be presided over by the Chairman or the Vice-Chairman, in case of the absence of the former. If both are absent, the Board will select a Chairman for the meeting from amongst its members.
- Decisions shall be passed by a majority of the votes of the members present in the meeting. In case votes are equal, the Chairman will have a casting vote.
- Deliberations amongst the members of the Board of Trustees and the passing of decisions may be carried out by electronic communication as provided under the by-laws. In this case, all members of the Board of Trustees must approve these decisions.
- If the subject of the meeting is related to amending this Statute, rules of conciliation and of arbitration or by-laws of the Centre, two thirds of the members of the Board must be present and any decisions must be passed by a majority of votes of at least 11 present members.
- The Chairman and the present members shall sign the minutes of the meeting of the Board of Trustees.
Formation of Sub-committees
The Board of Trustees has the power to form sub-committees from amongst its members or others for specified purposes to achieve the objectives and carry out the functions of the Centre. The Board of Trustees may dissolve such sub-committees, dismiss any of its members or reconstitute them as it deems appropriate.
Loss of Membership
A member of the Board of Trustees shall lose membership in any of the following cases:
- Bankruptcy or insolvency
- Resignation by a letter addressed to the Chairman of the Board of Trustees
- If he is incapacitated as per the laws of his country of origin or the laws of the State
- If a final legal judgment is issued against him for committing an offense of dishonesty or violation of public morals or for committing a criminal offence.