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. …
Construction Law Summer School: Your last week for savings
11th – 13th September 2012 – Downing College, Cambridge, UK
Book by this Friday for the best rates – plus get an extra 10% discount courtesy of CMguide.org!
Don’t miss this opportunity for your team to get a detailed, intensive guide on all the most important topics in international construction and engineering law. A unique and comprehensive learning experience; comprising presentations, group discussions, case studies, debates, a workshop and evening networking activities. …
Construction Law Summer School: Your last week for savingsRead More »
Delay – what is the common law position? Why is a completion date needed?
If no agreement is reached on the time within which a service must be performed, it only needs to be performed within a reasonable time. Whilst this may be workable in the context of, say, a contract for the delivery of a new washing machine, it is not satisfactory when applied to something as complex as a construction project. …
Delay and extensions of time in construction contractsRead More »
Most forms of building contract include a clause entitling the Client to a specified level of damages, referred to as “Liquidated Damages” or “Liquidated and Ascertained Damages” if the Contractor is late in handing over the building. LADs replace the Client’s common law right to damages for late completion with a contractual right to a pre-determined sum for the period of delay. …
Liquidated damages clauses in construction contractsRead More »
By HUGH MURRAY and Joanne Emerson Taqi
THE use of some legal phrases in contract documentation or correspondence is considered, by most, as commonplace. However, it is important to ensure that such phrases are properly understood.
Misunderstanding such terminology, particularly when the interpretation of some key terms can differ depending on whether the words are in a document governed by English law or by another law, can potentially affect the efficacy of the commercial bargain. …
