FIDIC’s 2015 Middle East Contract Users will take place in Abu Dhabi

FIDIC has announced the dates for their 6th Middle Eastern Contract Users’ conference.

The event will take place in Abu Dhabi on 2nd & 5th March.

Readers of CMguide can get a 10% saving by clicking here. [Read more…]

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Arbitrability of Disputes: Issues of arbitrability and public policy in the UAE

by Fiona Campbell
Contracting parties are often justifiably keen to avail the perceived advantages of arbitration over litigation. These benefits include the choice of a neutral forum, enhanced enforceability of decisions internationally, and greater flexibility and privacy (if not confidentiality) of proceedings. [Read more…]

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Contract Competition

With a Qatar 2022 World Cup on the horizon and Dubai’s successful bid for Expo 2020, the scale of infrastructure investment in both countries is unlikely to be anything short of exceptional over the course of the next few years.

In both the UAE and Qatar (and indeed in many other Gulf countries), procurers of major infrastructure have generally opted for the FIDIC Standard Form Contracts to deliver their projects. There is, however, an emerging competitor on the international projects scene in the form of the Third Edition of the New Engineering Contract (NEC3). [Read more…]

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DM issues circular on use of eco-friendly and sustainable concrete materials

The buildings department at Dubai Municipality has recently issued a circular to all consultancy offices, contracting companies, concrete factories and suppliers in the Emirate of Dubai on the use of eco-friendly and sustainable concrete materials.
[Read more…]

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CMGuide Founder spoke in Melbourne Convention 2014 by Engineers Australia

Samer Skaik at Meloburne ConventionSamer Skaik, the CMGuide Founder delivered 30 minutes oral presentation in “Mastering Complex Projects Conference” at Melbourne convention 2014 which was organized by Engineers Australia.  The Convention is the largest engineering event ever held in the southern hemisphere. Convention bring together all areas of the engineering profession, with national and international keynote speakers exposing delegates to megatrends and thought leadership that will influence the future direction of engineering in Australia. [Read more…]

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Time Bars in Articles 880 and 883 of the UAE Civil Code (Regarding Construction Disputes)

by Jalal Kudsi
One of the fundamental legal aspects to be considered by a party to a legal dispute is the statutory time bars that are relevant to the subject matter of the dispute. Time bars take the form of statutory rules that restrict the period of time within which a legal action can be brought successfully, and therefore restrict the rights of the disputing parties to bring legal proceedings to recover losses or obtain compensation. There are various time bar rules set out in UAE legislation, and each one varies depending on the subject matter of the dispute. However, this article will focus on two significant time bar rules with respect to construction-related disputes; specifically Articles 880 and 883 of UAE Law No. 5 of 1985 (the UAE Civil Code). [Read more…]

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Get it straight from FIDIC

It’s time for FIDIC’s 27th International Contract Users’ conference, your team’s annual opportunity for best practice advice on using the contracts, insights on recent and upcoming amendments, guidance for managing major projects and for resolving disputes – delivered directly by more than 40 of the world’s foremost FIDIC experts.

And you can get a 10% saving with this posting, just quote VIP code: FKW82487CMGP [Read more…]

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Is there any legal requirement set out in the UAE Civil Procedure Law to include a summary of the Terms of Reference in Arbitration Awards?

by Ahmad Ghoneim
The provisions of the UAE Civil Procedure Law [Federal Law 11 of 1992] as amended (“CPL”) that relate to arbitration are contained in Articles 203 – 218, which make up Chapter Three of Book Two of the CPL (“Chapter Three”).
According to Article 212(1), an arbitrator operating under the CPL shall issue his award without being bound by the CPL, save as is provided in Chapter Three. Article 212(5) states that arbitral awards shall, in particular, include a copy of the arbitration agreement. The purpose of including this information in the arbitral award is to ensure that the arbitrators have observed their limits under the arbitration agreement. Inclusion of the arbitration agreement is therefore necessary for the validity of the arbitral award and its omission would render an award void. [Read more…]

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Prevention is better than cure for building defects in the UAE

by Niall Clancy

Deciding upon the appropriate remedy for defective works is an issue that frequently arises during construction disputes and is often hotly contested. This note considers the position under UAE law and how a Court (or Arbitral Tribunal) might approach this issue where a contractor cannot (or will not) implement the option selected by the employer. [Read more…]

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Mediation – Does it work in the Middle East?

by Essam Al Tamimi

On 1 May 2014, the ICC held the MENA Launch of the ICC Mediation Rules 2014 (“Rules”) in Dubai and introduced the new Rules which came into force on 1 January 2014. The Rules govern the parties’ agreement to ICC Mediation or any request made by the parties following a dispute to use the ICC Mediation process. The Rules are simple and straightforward and the cost is comparatively low. These Rules are not as extensive as the arbitration rules because the Rules are not binding and are subject to the parties continuing with mediation. [Read more…]

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