FIDIC AND ENAA: COMPARISON Part II of II In our previous issue, we discussed FIDIC and ENAA forms which are an internationally recognized and utilized form of contracts and the general comparisons between them. Our attorneys had also detailed the requirements of data accuracy, and other conditions of companies. Although,…
Read moreCourt-Side Justice ‘You don’t go on bended-knee to petition the official culture for your rights. You have to take them.’ -Terrance McKenna Countries are not sustained, and their peoples are not stable where a superior judicial system is not in place. Achieving a system of justice is not possible unless…
Read moreFIDIC AND ENAA COMPARISION In the complex and technical world of construction and large manufacturing projects, the contracts and negotiations on the terms of an agreement between the parties are a means to keep the complex relation of parties within the bounds of clear understanding by utilizing a standard form…
Read moreCargo Claims in UAE “The good seaman weathers the storm he cannot avoid, and avoids the storm he cannot weather.” Cargo claims are primarily commercial rights. As the whole purpose of trade in maritime is to deliver cargo from point A to B, thereby promoting international trade and enhancing economies…
Read moreDelay 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…
Read morePost-Closing Transactional vs Ongoing Enterprise Due-Diligence “Diligence is the mother of good fortune.” - Miguel de Cervantes Saavedra Introduction In July 2016, the Australian Securities and Investments Commission (ASIC) stated that it’s review of 12 initial public offerings (10 of which were small and mid-sized companies), found incredibly poor due…
Read moreBe 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…
Read moreElectronic Registration of Cases- Advantages and Legal Issues “The Internet is becoming the town square for the global village of tomorrow.” -Bill Gates Introduction Dubai has evolved to become the marketing and commercial hub of the Middle Eastern region. A surfeit of investors, traders and tourists flock into the Emirate on a…
Read moreExtension 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…
Read moreAgreeing with your spouse to reimburse him or her after a shopping trip? A contract. Buying a plane ticket? A contract. Signing an offer letter from an employer who has offered you a job? A contract. A multi-page complex document laying out the terms and conditions of a high-value corporate…
Read moreWhile driving back from work yesterday I noticed a renowned hotel brand had popped up in my community out of nowhere. A few days back that same building was supposedly a mixed-use development, but it now boasts the logo of a luxury hotel chain. As discussed in the first installment…
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