Construction Law: Contracts & Dispute Management

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Breaking up disputes

Adjudication is a procedure for resolving disputes without resorting to lengthy and expensive court procedure. It has become increasingly popular in construction contracts as a fast and efficient means of resolving disputes.

Adjudication is now a statutory requirement in Malaysia, and Qatar is considering making it mandatory for its World Cup projects. [Read more…]

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Green Routine

By M. Vasanth Kumar

The construction industry is often criticised for neglecting environmental issues in favour of profit.

While the industry as a whole is actively pursuing the building of green building projects, the flip side is that not all companies who are accredited to Green Building Council membership nor all LEED-accredited professionals follow or encourage others to follow eco-friendly practices in their day-to-day tasks. [Read more…]

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Meidation in the UAE

By Clare Raven

There are a number of formal types of mediation in the UAE and sometimes disputing parties adopt informal mediations in order to try to resolve their disputes. In this article Clare Raven of Hadef & Partners will consider the more frequently used types of mediation deployed in the UAE with a particular focus on Dubai. This is not intended to be an exhaustive discussion of all types of mediation. [Read more…]

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Beware adverse weather conditions

By Suzannah Newboult

Sandstorms and high wind speeds prevent the operation of cranes, extreme temperatures can impact on productively, and even unexpected heavy rainfall can effect site operations in Qatar. But is it the contractor or the client who should suffer the consequences of bad weather? [Read more…]

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Termination For Construction Contracts: UAE Perspective

By Heba Othman
A common scenario: the Employer is not happy with the Contractor’s performance, whether because of failure to perform the works in the manner provided for in the Contract or because of some other breach of the Contract. The Employer picks up the Contract, which – in the UAE – is usually some modified FIDIC standard form, in search of the termination provision. Most such termination provisions require the Employer to send the Contractor a notice to correct the failure or the breach within a specified period. If the Contractor fails to correct the breach, then the Employer becomes entitled to terminate the Contract. The Employer, feeling confident of its legal position, sends the termination notice. The Employer is satisfied that it has correctly terminated the contract. [Read more…]

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RECOVERING LEGAL COSTS IN DIAC ARBITRATIONS

by Robert Karrar-Lewsley

The Dubai International Arbitration Centre (DIAC) is the most widely used arbitration centre in the region. It has a modern set of rules that generally work well. However a recent Dubai Court of Cassation judgment has confirmed what many believe to be a flaw in its rules: they do not grant the tribunal power to order the recovery of legal costs.Therefore in the absence of express agreement by the parties, legal costs are not recoverable in a DIAC arbitration. This article puts this recent judgment in context and offers guidance as to how parties might still recover their legal fees in a DIAC arbitration. [Read more…]

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SO YOU THINK YOU CAN ARBITRATE?

by Omar Khodeir

This article addresses situations where there is an arbitration agreement but the dispute is reviewed by the national courts instead of being referred to arbitration or the arbitration clause is contested. Minor issues could cause an unwanted outcome contrary to what the parties agreed to initially. [Read more…]

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Key issues in PPP agreements

By Martin Preston

WITH the exception of power and/or water desalination plants, the GCC states have tended to procure their infrastructure directly rather than looking to the public-private partnership (PPP) model. However, a number of GCC states are now looking to the PPP model as a means of procuring infrastructure projects outside the power and water sectors as well.

[Read more…]

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The peace keepers

By Leonora Riesenburg

Alternative Dispute Resolution (ADR) is fast becoming a widely-accepted alternative to local court litigation. This is particularly true of arbitration.

Oddly, mediation is still heavily underused, which begs the question whether there is room for wider subscription in the UAE? In cultures where contracts are not always regarded as rigorous terms of engagement but rather as a framework intended to govern a commercial relationship, mediation is particularly well-placed to serve the settlement of differences at arm’s length before they escalate. [Read more…]

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