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…]
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.
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…]
by Hani Al Naddaf & Sarah Kelly
Decennial liability is a strict form of liability imposed by law on construction contractors and design professionals for the total or partial collapse of buildings they designed and/or constructed, or for the discovery of latent structural defects which imperil the safety or stability of such buildings, for a period of ten years after their completion and handover. [Read more…]
By DAVID JOHNSTON
PROFESSIONAL consultants are engaged on construction projects to provide specialist advice. The type of consultants appointed can range from architects, mechanical and structural engineers and surveyors to specialist consultants in fields such as safety, planning and traffic management.
Yet the terms of the professional appointments under which each tends to be engaged are very similar, with only the services schedules being truly distinct. [Read more…]
by Hassan Arab
The Dubai Court of Cassation recently issued several rulings dealing with various aspects of arbitration. The following discussion gives an overview of these rulings to keep readers apprised of the latest arbitration developments in Dubai.
The UAE is striving to become an attractive venue for regional and international arbitration, and to establish itself as the arbitration capital of the Middle East. Since the UAE ratified the New York Convention in 2006, the UAE Courts have significantly changed their approach to the recognition and enforcement of foreign arbitral awards. This provides for a positive and encouraging perspective which – in addition to the modern infrastructure of the UAE and its strategic geographic location – will likely make Dubai the venue of choice for arbitration in the Middle East. [Read more…]
By Hassna Al Hais
The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses, and as international developers and contractors continue to invest in construction projects, there has been an increasing trend in the use of arbitration in Dubai. The arbitration process is the preferred method to resolve disputes by commercial companies as; the certified language of arbitration proceedings is in English, a specialist tribunal can be appointed as opposed to the broader UAE courts, and arbitration is generally more cost effective and less time consuming. This has led businesses and investors in the UAE to ensure that arbitration clauses or arbitration agreements are inserted into their contracts. Furthermore, the downturn in economic conditions in the real estate market over the last few years has led to an increase in disputes in general, and parties are more likely to issue court proceedings than to try to recover their losses through other ventures. [Read more…]
by Stuart Matthews
A recent circular form Dubai Municipality has mandated the use of BIM for some construction projects, according to Paul Wallett of Tekla.
Effective from December, the full details of the circular’s impact on the construction industry in the emirate are still be analysed. [Read more…]
FIDIC’s 5th Middle Eastern Contract Users’ conference is your annual opportunity to get best practice contract advice and updates on the contract amendments – directly from the very people who drafted them!
Samer Skaik, the Founder & Principal of Construction Management Guide, will once again be sharing his regional expertise at the event and will be joined by 18 other world-class experts. [Read more…]
An arbitrator can be appointed; directly by name (this is not the common method used), through the Court or through the Arbitration centre. If you agree for the Court or Arbitration centre to appoint an Arbitrator you need to make an application.The arbitration provisions of the Civil Procedure Code contain mandatory provisions concerning the appointment of an Arbitrator. There must be an odd number of arbitrators e.g. 1, 3, 5, 7 arbitrators (although there is no limit set on the number of arbitrators). The arbitrator must also satisfy certain other requirements – he must not under The UAE Civil Procedure Code, Federal Law No. (11) of 1992, Article 206: [Read more…]
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