Construction Law, Contract Administration

Termination For Construction Contracts: UAE Perspective

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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. …

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Construction Law

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. …

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Construction Law, Contract Administration, Project Management

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. …

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Construction Law, Contract Administration

DECENNIAL LIABILITY IN QATAR: A Contractor’s Adversary

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. …

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Contract Administration, General Management, Procurement Management, Project Management

Hiring a consultant? Check these points

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. …

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Construction Law

RECENT RULINGS ON ARBITRATION BY THE DUBAI COURTS

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. …

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Construction Law

Rise In Arbitration in the UAE

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. …

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Civil Engineering, Construction Industry, Construction Law, Construction Technology, Contract Administration, General Management, PMP Hints, Procurement Management, Project Management, Sustainability

First-hand advice from the FIDIC contract drafters – tailored for the Middle East

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. …

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Construction Law

How to Appoint Arbitrators in the UAE

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: …

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