Applicability and legal entitlement to interest under UAE law

By Andrew MacCuish and Sai Dandekar

When pursuing a debt, it is common to add a claim for interest on the monies due.  However, the right to claim interest is often an area of confusion for contracting parties in the UAE, since Sharia Law prohibits the payment of interest (termed “Riba”), whether compound or simple.

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Liquidated Damages And Applicability In Construction Contacts In Qatar

By Glenn Bull

Provisions for the payment of liquidated damages (“LD Provisions“) are often included in construction contracts. The critical question to any party new to contracting in Qatar is ‘whether or not the term negotiated into the contract will be enforceable?’ [Read more…]

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Leading experts to gather at International Construction Disputes 2016

International Construction Disputes 2016 brings together the leading experts in the field, including some of the most reputable international construction law practitioners, joined by organisations such as FIDIC and ICC.

The agenda is designed to brief you on the latest approaches to successfully handling disputes, claims, dispute boards, ADR, termination issues and much more besides. [Read more…]

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Liens and Priority Rights – ‘self-help’ remedies for the disgruntled contractor under UAE Law

by Andrew MacCuish and Nicole Newdigate

This article provide an overview of two ‘self-help’ remedies available under the general law in the United Arab Emirates (UAE), for the unpaid and, no doubt, disgruntled contractor.  We say ‘self-help’, as in the first instance the remedies do not require the assistance of the courts. [Read more…]

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Issues in negotiating disputes in the Gulf

By Stuart Jordan

Disputes are a fact of life everywhere in the construction world. One aspect of disputes resolution is, however, very different in the Gulf, compared to other places. This centres on the way parties are able to negotiate before formal legal process begins; to see what the issues are, and whether they can be resolved. [Read more…]

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Contract management in Asia-Pacific – what is best practice?

FIDIC’s official Asia-Pacific Contract Users’ event is your once in a year chance to get best practice advice on contract selection, implementation and management.

Guidance that’s been tailored to the Asia-Pacific region and that’s delivered directly by members of the FIDIC Contracts Committee, as well as regional specialists. [Read more…]

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Contractual disputes: how to resolve them


The UAE is one of the fastest-growing economies, where the construction industry is the third-largest sector after oil and trade. More than 6,000 construction companies operate in the country, with most construction activities taking place in the emirates of Abu Dhabi and Dubai.

The emergence of the industry in the UAE dates back to the 1950s in Dubai when Sheikh Saaed bin Maktoum, together with his son Rashid, decided to transform the emirate into a ‘permanent haven for coastal shipping’ and launched the Dubai Creek improvement project. The construction industry’s growth rate is expected to remain positive, as a result of increased government expenditure on developing infrastructure and industrial construction in the country. [Read more…]

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How will you benefit from 2016’s most comprehensive construction law advice?

If your team would benefit from detailed and intensive guidance on all the key aspects of international construction and engineering law then you might want to take a look at the annual Construction Law Summer School.

2016 sessions include:

FIDIC; NEC3; termination & insolvency; time & delay; global claims & disputes; dispute boards; international arbitration; EU procurement regime; tendering liabilities; civil code; ADR. See more topics on the agenda.

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CMGuide’s Director Highly Commended for Australian Brooking Prize in Construction Law

The Founder and Director of Construction Management Guide, Samer Skaik, was highly commended for his submission ‘Taking Statutory Adjudication to the Next Level: Legislative Review Mechanisms of Erroneous Determinations’  in the 2016 Australian Society of Construction Law Brooking Prize. The paper effectively summarizes the core merits of his PhD research in that area.

The criteria used for awarding commendations include originality of thoughts and contribution to the construction law or its application in the industry as well as the quality of analysis, the freshness of ideas and the value of the work.

A more detailed version of that paper will also appear in the upcoming edition of International Construction Law Review Journal. [Read more…]

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Can alliancing work in the Gulf?


In the eyes of many people in our industry, the Middle East construction industry is old fashioned and not very open to new ideas. This view implies that new ideas are good ideas – which isn’t always the case.
Certainly, in the case of construction procurement models, the Gulf remains quite attached to single-stage competitive lowest price tender selection. Everyone knows where they stand and, as between employers and contractors, they stand quite far apart from each other! Relationships tend to be arm’s-length and driven by the formalities of the tender process. And the terms of the contracts formed in this way tend also to be tougher on contractors than we see in other parts of the world. [Read more…]

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