The Effect of Brexit on International Arbitration ‘When life gives you orange, make orange juice'1 Does life always give oranges, you may ask? To some, oranges are acidic but for a few a morning without orange juice is like a day without sunshine. They are packed with vitamin C and…but…
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Delay Penalty in Construction Contracts “No construction project is risk-free. Risk can be managed, minimized, shared, transferred or accepted. It cannot be ignored” -Michael Latham Scope and usage of back-to-back contracts Back-to-back contracts are becoming an increasingly common feature of construction projects. Construction projects typically involve the collaboration of three…
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Be Aware, else Beware (Part I of II) ‘Ignorance of the law excuses no man; not that all men know the law, but because it’s an excuse every man will plead, and no man can tell how to refute him’ - John Seldon The law has provided that an ignorance of…
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Different Strokes for Different Courts In January of 2012, Macy’s, a renowned retail store, decided to sue Martha Stewart for entering into a contract with a rival retail store J.C. Penney, which they claimed breached their own contract with Martha Stewart for exclusive products in 2006. This led to a…
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The ICC International Court of Arbitration STA's Dispute Resolution Team discusses the role of International Chamber of Commerce in dispute resolution and specifically in cross-border disputes, dispute that pique unique challenges and address the moot question as to why is the ICC today a preferred choice to settle disputes. Introduction:…
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‘‘ It is of fundamental importance that justice not only be done, but should manifestly and undoubtedly be seen to be done’’. …
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Extension of Time in Construction Contracts The construction contracts are generally prepared as per Fédération Internationale des Ingénieurs-Conseils (the FIDIC) red books 1987 and 1999, yellow book and silver book contract forms specifically in UAE to deliver projects. The legal provisions applying to such contracts are UAE Civil Code, Federal…
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ADCCAC - The Abu Dhabi Commercial Conciliation & Arbitration Center Evolution has created several ways of defying the unsettling consequences of disputes. In the animal kingdom, where survival is dependent on mutual respect, harmony, and assistance, there is a need to maintain beneficial relationships. For example, chimps kiss and embrace…
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Construction Insight: The sight of a rainbow in the middle of a desert is a rather recherché glimpse. The United Arab Emirates, however, is not a conventional desert panorama come true. Take for example the construction industry in the region. There is an interesting mix of cultures…
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Having discussed Arbitration in the UAE in Court Uncourt Volume I, we shall now turn to Arbitration procedures in other GCC countries. Nonchalant observation of creatures such as birds, cats, dogs, and primates distinctly characterizes the fact that dispute and dispute resolution are not concepts confined to the human…
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For a variety of reasons, it is highly likely that most people’s instincts would incite them to answer “no”! However, if we peruse UAE legal texts we will find that actually, in most cases, the answer will be “yes”! Litigation is one of the basic rights guaranteed by most world…
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Arbitration in the UAE Any discussion on recent developments in the field of civil litigation must address the virtual revolution that has taken place with regards to alternative dispute resolution. Needless to say that the legal system has witnessed a steady growth in litigants’ recourse to Alternative dispute resolution (the…
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Throughout the series of Volume I, I have attempted to discuss arbitration at length. The first article gave a broad understanding of arbitration under UAE’s legal system and the second article explored technical issues relating to nullification of arbitration award and grounds available to challenge the same. In the third…
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Questions that are generally debated these days within business and legal diasporas pertain to the recession aftermath. These questions seek to inquire matters such as i) what led to the recession, ii) could it have been prevented and; iii) what do we learn from this precedent? For instance, let us…
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