Civil Engineering, Construction Industry, General Management, Sustainability

Expo 2020: Watch out for these Mega Developments in Dubai .

By Parag Deulgaonkar

Dubai developers are set to commence work on several mega projects in the coming months in order to complete and deliver them much earlier than 2020.

“The Expo 2020 win for Dubai is a significant milestone, and this will definitely translate into exponential growth across a wide array of sectors, namely hospitality, tourism, trade, shipping and logistics as well as real estate,” Khalid Bin Kalban, CEO, Dubai Investments, told Emirates 24|7. …

Construction Law

The IBA Guidelines on Party Representation in Internationalrbitration 2013

By Clare Raven
The International Bar Association (IBA) is a worldwide association of legal practitioners, with a membership of over 50,000 individual lawyers and over 200 law societies and bar associations. The IBA seeks to “influence the development of international law reform throughout the world.” In May 2013, the Arbitration Committee published Guidelines on Party Representation in International Arbitration.

Construction Law

Terms Of Reference in Arbitration in the UAE

By Hassan Al Hais

As per the arbitration rules and as per the civil rules in the UAE, the arbitration rules shall be governed by the Terms of Reference. Terms of Reference is a document used within international arbitration law. Its main purpose is the fast and efficient progress of arbitration proceedings. The agreement is drawn and signed by mutual consent of the parties and arbitrators.
The Terms of Reference clarify the terms of dispute, and if the arbitrator is able to conclude evidence or not. The period of arbitration is usually defined in the Terms of Reference, and if it is not it will only be for six months. Tthis period can only be extended by the Court or the authority which appointed the arbitrator’s attendance. …

Construction Law

How to Select An Arbitrator

WHEN agreeing to a dispute resolution clause in a construction contract, there are a number of matters to consider. Perhaps the most important of these is whether to proceed by way of litigation (before a court) or arbitration (contractual dispute resolution by a tribunal under procedural rules agreed by the parties). …

Contract Administration, Statutory Adjudication

Implied Terms And Variations In Construction Contracts – Issues Arising From Recent Case Law

By Becky Johnson

Implied terms in construction contracts (or lack of) and instructions to vary works can cause problems for developers carrying out construction works. These issues were considered in two recent cases: Aspect Contracts (Asbestos) Limited v Higgins Construction Plc and MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd.1

Construction Law

New York Convention: Lack of Jurisdiction Prevents Enforcement in The UAE

By Omar al Shaikh and Adrian Chadwick

The arbitration enforcement proceedings brought by Construction Company International (CCI) against the Ministry of Irrigation of the Government of Sudan (MOI), for whom our firm acted, has now passed through all three tiers of the Dubai Courts. The Dubai Court of Cassation (Case No. 156/2013 Civil Cassation) rejected CCI’s arguments and upheld the judgments of the lower Courts. This means that all three tiers of the Dubai Courts, having considered the applicability of the New York Convention, refused to recognise and enforce two ICC Paris arbitration awards on the ground that under the UAE’s procedural laws the Court had no jurisdiction. This result is likely to be viewed with concern by arbitration practitioners based in Dubai and worldwide. …

Construction Law

Enforcing Arbitration Awards in the UAE

By Hassan Al Hais

The implementation of the New York Convention in the UAE did not expressly displace the enforcement provisions in the Civil Procedure Code. Therefore, parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the UAE courts to require that the foreign award satisfies the rules and procedures of the UAE, and may refuse to enforce it if there is a violation of local laws. One potential difficulty arises in convincing the UAE Court that it did not have jurisdiction to hear the dispute in the first place (irrespective of the arbitration agreement between the parties). The UAE Court normally has a fairly broad jurisdiction over disputes including, for example, claims connected to monies or assets within the UAE and claims arising out of contracts executed or to be performed in the UAE, as well as claims over foreigners resident in the UAE. Therefore, it is difficult to prove that the UAE Court did not have jurisdiction over the order. …

Construction Law

Challenging An Arbitration Award in the UAE

By Hassan Al Hais

It is common for the unsuccessful party to argue against the enforcement of an arbitration award on the ground that the arbitration was invalid, because the person who signed the contract was not authorized to agree an arbitration clause. In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not objecting at the first opportunity.

Construction Industry, Construction Law, Contract Administration, Procurement Management, Project Management

CPC 2013 – The new CIOB contract for use on complex projects

By Jeremy Glover

In April 2013, the Chartered Institute of Building (CIOB) published a contract for use with complex projects (known as the Complex Projects Contract or CPC 2013). Speaking about the contract, one of its authors, Keith Pickavance, boldly said:

Construction Law, Contract Administration, Project Management

Limitations on liability in the UAE – beware!

By Jatinder Garcha

Many standard form contracts contain provisions limiting the overall liability of the contractor, upon which a contractor unfamiliar with UAE law may place mistaken reliance. The FIDIC Red Book for instance, which is widely used throughout the Middle East region, contains a number of limitations on liability including at clause 17.6, which states:

Construction Law

Saudi Arabia Modernizes Arbitration Laws

by Saud Al-Ammari and Tim Martin

The Kingdom of Saudi Arabia changed its arbitration law earlier in 2012 with the enactment of its New Arbitration Law 1433H (2012G) (the New Arbitration Law). On April 9, 2012, the Council of Ministers approved the New Arbitration Law and a Royal Decree on the law was issued on April 16, 2012. On Friday, June 8, 2012, the law was published in the official gazette (Um Al-Qura). In accordance with Article 58 of the New Arbitration Law, the law came into force after 30 days from the date of its publication, which was July 9, 2012, corresponding to 19 Sha’baan 1433H. The prior law was the Arbitration Law dated 1403H (1982G) (the Old Arbitration Law). The local business community used the Old Arbitration Law infrequently and multinational companies avoided it because it was seen as difficult and inefficient in resolving business disputes within the country. …

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