Author name: CMGuide

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). …

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

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. …

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?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. …

Mediation — Does it work in the Middle East?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. …

Arbitration in the UAE: Aiming for excellenceRead 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. …

Qatar amends laws regulating the practice of engineering professionsRead More »