The Prospect of Introducing Statutory Adjudication in the UAE Construction Industry
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Date
2013-04
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The British University in Dubai (BUiD)
Abstract
Statutory Adjudication is a novel dispute resolution mechanism in the construction industry. It was first introduced in the UK construction industry following the introduction of the Housing Grants, Construction and Regeneration Act (HGCR Act) in (1996) . Consequently, some other common law countries have followed the UK’s footstep by introducing statutory adjudication.
However, statutory adjudication has not attracted much attention outside common law countries especially in the UAE. Accordingly, the main aim of this research is to determine whether there are prospects of introducing statutory adjudication in the UAE construction industry. To achieve this aim, interviews were conducted with experts to investigate whether there is a of introducing a new mechanism of solving the disputes in the local construction industry. This study further examined the obstacles which might be faced in introducing this mechanism, specifically its contradictions with the UAE law.
The interviews conducted with some experts in the UAE construction industry showed, their dissatisfaction toward the common method used in solving the disputes. The experts argued that; the litigation or even arbitration takes very long time in addition to more incur monies due to its long procedures. Added that; if we have better mechanism we would prefer using it, but our hands are tight with commonly used mechanisms.
Therefore, the findings and final results will display the considerable demand of introducing the statutory adjudication in the UAE construction industry due to its significant characteristics.
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Keywords
statutory adjudication, construction, disputes, United Arab Emirates (UAE), law