By ARASH RAJAI
FOR any contractor or service provider entering into a construction contract, one of the most important priorities in contract negotiation is to manage its overall financial exposure.
This is commonly achieved in construction contracts by agreeing to a financial cap on liability and/or by attempting to exclude certain types of liability commonly called “consequential or indirect losses”. …
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. …
FIDIC’s 2015 Middle East Contract Users will take place in Abu DhabiRead More »
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. …
Arbitrability of Disputes: Issues of arbitrability and public policy in the UAERead More »
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). …
Samer 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. …
CMGuide Founder spoke in Melbourne Convention 2014 by Engineers AustraliaRead More »
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. …
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. …
Prevention is better than cure for building defects in the UAERead 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. …
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. …
How to make the most of FIDIC when working in the Americas?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. …
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. …
INSURANCE IN CONSTRUCTION CONTRACTS: A FEW THINGS TO KNOWRead More »
