Why we need a ?Without Prejudice? doctrine
by Nick Carnell
Nick Carnell, partner, Kennedys, believes it should be easier for parties to resolve disputes outside of the courts after launching proceedings. …
Construction Law
Construction Law
Construction Law
PWA’s general conditions of contract and the applicable provision of law no. 22 of 2004 (Civil Code of Qatar)
By: Rey I. Madroño
(Construction-Contracts Lawyer & Engineer)
IntroductionThe Civil Code of Qatar, Law No. 22 of 2004 took effect on 30 June 2004. This relatively new law is a variant of the Civil Code of Egypt with modifications but majority of the provisions on Obligations and Contracts under the Egyptian Civil Code are retained with minor changes under Law No. 22. …
Construction Law
UAE laws do not favour contractor
by Shikha Mishra
In light of the current economic downturn, contractors will have little legal recourse if payments for on-going projects get delayed, legal experts say.
The recent cancellation of the US $1.25 billion contract between Dubai-based Meydan and the Arabtec-WCT JV has led to concerns in the market over similar situations arising in the future and the legal recourse available to contractors. …
Construction Law, Contract Administration
Choosing the right weapon
By: Antonios Dimitracopoulos
Arbitration is almost by default the standard dispute resolution mode built into construction contracts. But is it always as efficient and suitable for the purpose it is meant to be? Or is it so only under certain conditions which, if left uncared for, can result in an erosion of what was meant to be an improvement to litigation. …
Construction Law, Contract Administration
Benefiting from a DAB resolution
By Hamish Macdonald
In the first place, DABs are not intended to replace arbitration or litigation but are to be considered as part of a multi-tiered dispute resolution process. The use of a DAB has been described as an early and intermediary step directed at avoiding the need to resort to other more expensive and more time-consuming procedures such as arbitration or litigation. …
Construction Law
Arbitration: Light at the end of the tunnel
by Antonios Dimitracopoulos
A modernised method of administering arbitration proceedings is set to liberalise the local scene, and make the thought of commencing this popular dispute resolution mode within the construction industry less intimidating than it currently may appear to be. …
Construction Industry, Construction Law
Arbitration will increase
By Natasha Marrian
Dubai: Commercial arbitration is likely to be sought increasingly as parties face an uphill battle to meet commitments in the face of a bruising global financial meltdown, director of the Dubai International Centre, Dr Hussam S. Al Talhuni, said on Friday. …
Construction Law
Is the UAE Civil Code enough?
by Jeremy Cama
As the debate over the effectiveness of local procurement continues, Jeremy Cama, partner, Berrymans Lace Mawer, outlines some of the stumbling blocks still faced by the industry. …
Construction Law, Contract Administration
Governing actions
by Dennis Brand
In the construction and engineering sectors, while a proportion of contracts are prepared on a bespoke basis, the majority are based on an industry standard form. …
Construction Law
How the law of liquidated damages can be applied in the local (Courts)
by Erin Miller Rankin
Liquidated damages provide a contractual means to predetermine a loss and they are generally used to penalise a contractor for delays – …
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