Construction Management Guide

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…]

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…]

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…]

We all know that each region has its own challenges and unique regulations that need to be followed. Help make sure that you’re doing it right in the Americas by attending FIDIC’s 3rd Americas Contract Users’ conference. [Read more…]

by John Gaffney & Dalal Al Houti

The United Arab Emirates (UAE) is experiencing a period of substantial economic growth again as it a continues to diversify its economy. This will continue to attract substantial inward investment in the UAE. It goes without saying that increased inward investment ought to be complemented by effective and transparent dispute resolution mechanisms in the host State (in addition to international recourse under multilateral and bilateral investment agreements, where appropriate). The UAE increasingly favors arbitration as a suitable mechanism for alternative dispute resolution and is committed to ensuring that this mechanism develops in the UAE in line with international best practice, such as that exemplified by the ICC and other international institutions. [Read more…]

There are many risks in any construction project. The majority of these risks are usually assumed (and priced) by the contractor during the construction phase, who typically covers this exposure by taking out various insurance policies.

Insurance in construction contracts can be complicated and the purpose of this article is to provide an overview of some key issues to be aware of in this intricate area. [Read more…]

by Dean O’Leary
Those familiar with construction disputes in the UAE will know that it is not unusual for experts to be involved in the dispute resolution process.
This article seeks to discuss where, when and which types of experts are used in the UAE. The article also touches on some of the criteria a party should consider when looking to retain an expert. [Read more…]

by Ahmed Jaafir – a.jaafir@tamimi.com
Practising engineering professions in Qatar are governed by the provisions of Law No.19 of 2005 Regulating the Practice of Engineering Professions (the “Engineering Law”).
On 20 January 2014, Qatar Law No.2 of 2014 was passed in order to amend certain provisions of the Engineering Law and the same came into force on 16 March 2014. [Read more…]

by Abobakr Dafalla

When parties have differing views about what their contract means, or what its effect on their legal rights and obligations is, their differences must be settled by the court. The settlement of these differences is to a large extent governed by the proper construction (or interpretation) of the contract. In arriving at its conclusion the court applies relatively well-established principles of interpretation found in Chapter 4 of The Civil Transactions Act (commonly referred to as the Civil Code), under the title “Construction of Contracts”. Generally, no distinction is drawn between the ‘construction’ and ‘interpretation’ of contracts and the two terms are used interchangeably.OBJECTIVE OR SUBJECTIVE METHOD OF CONSTRUCTION

[Read more…]

by Ahmad Saleh & Daniel Goodwin

When a technology is a novel and inventive process, machine or composition (“invention”), contractors and
engineering consultants in the construction industry in Saudi Arabia should ask.
‘Is this invention valuable to my business?’ If the answer is ‘Yes’, then they should consider seeking patent
protection to protect their rights. [Read more…]