UAE Construction claims

The practical obstacles in leading UAE construction claims

The practical obstacles in leading UAE construction claims Construction claims are arguably the most complex claims in the legal sector. This is mainly due to the complexity and the technicalities of the project in question. It is well-known that the more complex the project, the more complex the potential dispute. Considering their complexity, in litigation, the counsel…

UAE International Arbitration

Legal 500: UAE International Arbitration Chapter

The following UAE International Arbitration 2022 Q&A provides an overview of International Arbitration laws and regulations applicable in the UAE. The guide was written for and published by The Legal 500.    UAE CHAPTER Provided by Antonios Dimitracopoulos FCIArb, and Jonathan Brown of Counsel. What legislation applies to arbitration in your country? Are there any…

Construction dubai, pay-when paid clause

Testing the legal basis of the lack-of-purpose argument

One of the most daunting prospects for an MEP sub-contractor – or, indeed, any sub-contractor – is the possibility of being held ransom to a pay-when-paid clause. Quite commonly included in MEP sub-contracts, this clause effectively dictates that the MEP sub-contractor will receive payment only within a given period of time, usually around 14 days,…

What FIDIC’s New Green Book Holds

The following article was originally published in Climate Control Middle East.    The FIDIC suite of construction contracts is written and published by the International Federation of Consulting Engineers. The FIDIC acronym stands for the French version of the Federation’s name (Federation Internationale des Ingenieurs-Conseil). FIDIC’s Contracts Committee produces standard forms of contract for civil…

Revised Central Bank Guidance regarding Saving and Investment Insurance

Pay-when-paid clause can be defeated

Written by Antonios Dimitracopoulos for MEP Middle East    The often-dreaded pay-when-paid clause in subcontracts has deterred many from pursuing what is an otherwise legitimate claim. The common concern has always been that a defence would almost certainly be raised by the main contractor that no corresponding payment has been made by the employer and, as such,…

The Dangers of Failing to Accurately Define the Terms Under which Contractual Payments are to be made

In contracts where payment is intended to be made upon the occurrence of specific events or the satisfaction of certain conditions it is paramount, for any payment claim to be successful, that such events and conditions be clearly defined, as well as convincingly proven to have occurred. In a recent arbitration concerning a claim by…

Challenging a Tribunal Member in an Arbitration

In a construction dispute between the subcontractor and the main contractor, the chairman of a tribunal was challenged for failing to allow equal opportunities to the parties in presenting their case, whilst issuing various procedural directions purportedly on behalf of the tribunal. The relevant arbitration authority reviewing the challenge, rejected the reasons argued therein but…

How reasoned arbitration awards and expert opinions may help prevent Article 257 of the Penal Code being triggered

It is fair to say that last year’s revision of Article 257 of the Penal Code has sent ripples throughout the arbitration community that are still felt, seven months later. It was not long before visions of arbitrators and experts being locked behind bars for some alleged lack of impartiality flooded the UAE arbitration community,…