By Sachin Kerur and William Marshall
In Part 1 of this two part subcontracting series, we detailed some tips and traps with respect to subcontracting, and considered the criticality of successful subcontractor performance to the timely and on budget delivery of projects. In Part 2 below, we examine the risks of pro-forma subcontracts and back-to-back drafting and briefly touch on the benefits of bespoke drafted subcontracts. …
By Sachin Kerur and William Marshall
Since Adam Smith first set his mind to the efficiency of the pin factory in 1776, specialisation and division of labour has underpinned industrial development. The construction industry has embraced specialisation and division of labour to such a degree that almost every construction project, no matter how large or small, is delivered in practice by a large number of separate parties, each with a narrow field of expertise and each with a commercial and practical imperative to maximise the efficiency within their field of expertise. …
By Patrick Bourke and Adam Vause
The most recent draft of the much anticipated UAE Federal Law in respect of Arbitration (the Draft Law) was released on 16 February 2012. The Draft Law represents the UAE’s proposed updating of its legislation in order to, among other goals, comply with its accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) in 2006. Although the Federal Arbitration Law remains pending, this latest release demonstrates a positive step towards such a law coming into force and its contents should be considered when drafting arbitration clauses where the dispute could involve the UAE. …
Latest Draft of UAE Federal Arbitration Law ReleasedRead More »
The Technology and Construction Court has thrown out a contractor’s attempt to rely upon the prevention principle to excuse the delay on a project. The contractor alleged that the delays had been caused by the employer and the statutory undertakers. …
Contractor cannot rely upon the prevention principleRead More »
The parties’ dispute concerned the extent of the coverage of this alternative design for demolition and hoarding works. The letter of award for the subcontract stated that it was to be a lump sum fixed price contract and back-to-back with the main contract. Brington maintained that Cheerise was responsible for the design as this was a back-to-back contract. …
Rights and Obligations under Back-to-Back ContractsRead More »
by Mark Beswetherick and Keith Hutchison
This month we look at the landscape for enforcement of arbitration awards in the UAE and how recent developments are paving the way for greater certainty and confidence in the process. …
Enforcement of Arbitral Awards: Moving in the Right DirectionRead More »
Now in its 25th year, FIDIC’s International Contract Users conference is indisputably the leading international forum for those wishing to make the most of the FIDIC suite of contracts.
Remain ahead of the field with exclusive, insider insights from the very people responsible for drafting and updating the contracts. …
FIDIC’s International Contract Users’ conference – CMguide readers get a 10% saving…Read More »
Grounds for challenge may be found in Article 216 of the Civil Procedure Law, Federal Law No. 11 of 1992 (“Civil Procedure Law”):
Article 216:
1. “The parties to the litigation may apply for the invalidation of the arbitrator’s judgment when the court hears its ratification in the following cases: …
Challenging an Arbitration Award in the UAE CourtsRead More »
The UAE, as party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) without reservations, should in principle recognise and enforce foreign arbitration awards.
Accordingly, subject to Article 5 of the New York Convention, the UAE courts should enforce foreign arbitral awards provided that the subject matter can be arbitrated under UAE law and such enforcement would not offend public policy. …
Enforceability of foreign arbitral awards in the UAERead More »
Construction Litigation & Dispute Resolution in the Gulf
Innovative Tactics and Strategies for Successful Dispute Resolution
10th – 11th December 2012 ⁄ Hilton Jumeirah Hotel, Dubai, United Arab Emirates …
Construction Litigation & Dispute Resolution in the GulfRead More »
Liquidated Damages is defined as “a sum which a party to a contract agrees to pay or a deposit which he agrees to forfeit if he breaks some promise and which, having been arrived at by a good faith effort to estimate in advance the actual damage which would probably ensue the breach, are legally recoverable or retainable as agreed damages if the breach occurs.” …
By KATIE LISZKA
THE use of liquidated damages provisions is widespread throughout the construction industry. Those operating in the industry locally are generally familiar with the underlying legal principles applying to such provisions, such as the fact that there are marked differences between the treatment of liquidated damages under the UAE law and English law. …
