Litigation is a form of dispute resolution (ADR)
The establishment of the Conflict of Jurisdiction Tribunal under Decree No. 29 of 2024 marks a significant shift in resolving jurisdictional disputes between the Dubai Courts and the DIFC Courts. This new mechanism replaces the Joint Judicial Committee, addressing prior inefficiencies and ambiguity, while providing a streamlined process for adjudicating jurisdictional conflicts. Here’s an in-depth...
The construction industry in the United Arab Emirates (UAE) has experienced rapid growth over the past few decades, fuelled by visionary development projects and a booming real estate market. Understanding construction contracts in the UAE is crucial for investors, contractors, and other stakeholders involved in the region’s infrastructure and property development. This article provides an...
This blog post explores the FIDIC Red Book, widely used in construction contracts for building and engineering works. It specifically examines key sections which deal with Contractor’s Claims and Time Extensions. The article provides a clear overview of the rights and responsibilities of both the Employer and the Contractor. To understand extensions in non-FIDIC contracts,...
In the UAE, the legal basis for suspension and termination of construction contracts primarily comes from the Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates (Civil Code). Under Article 892 of the Civil Code, a Muqawala (construction) contract can be terminated upon the completion of work, by...
Delays are not uncommon in construction projects, often causing disruptions and contractual complexities. These delays can arise due to various reasons, ranging from adverse weather conditions to unforeseen site conditions or disputes over designs. To navigate these complexities, contractors and developers frequently rely on extension of time (EOT) claims as a crucial mechanism to manage...
Construction projects in the United Arab Emirates (UAE) contribute significantly to economic growth and development, drawing both domestic and foreign investment. However, with the complexity and scale of these projects comes the potential for disputes to arise, often involving multiple parties, complex contracts, and differing interpretations of laws and regulations. Resolving construction disputes in UAE...
The Dubai International Financial Centre (DIFC) was established in 2004 to position Dubai as a leading capital market, boasting its own judicial system. Inspired by English law, this system mirrors the procedures of English courts, overseeing civil and commercial transactions within the DIFC. Since its inception, the DIFC has drawn approximately 880 companies, predominantly operating...
The Department of Non-Muslim Inheritance respects the cultural and religious views of everyone in a cosmopolitan community. It follows a single-session procedure where the application to open the file and the decision accepting the execution of the will are presented together. The Dubai Courts have created the first-ever Inheritance Department for non-Muslims in an innovative...
A look at the fate of existing DIFC-LCIA arbitration clauses after Dubai’s Decree 34 of 2021 dissolved the DIFC-LCIA and transferred its functions to the DIAC (Dubai International Arbitration Centre). In a recent development in the sphere of international dispute resolution, a United States court has refused to enforce a Dubai International Financial Centre-London Court...
Judicial fees in Ras Al Khaima courts are substantially reduced for various legal proceedings, including civil and commercial lawsuits, rental disputes, and executive cases. Fee reductions for appeals made before the Courts of Appeal and Cassation. Jointly intervening litigants can engage in the legal process without incurring additional charges for their motions. On November 16,...
