BSpace

The British University in Dubai (BUiD) Digital Repository

Welcome to BSpace, the online institutional repository of the British University in Dubai. BSpace provides access to the Dissertations, Thesis, Research projects, Faculty publications and archives of BUiD.

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Now showing 1 - 7 of 7

Recent Submissions

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Utilizing Blockchain Technology in the UAE’s Construction Industry: Contract Administration and Management of Disputes and Claims
(The British University in Dubai (BUiD), 2023-12) ALJEWAIR, TAMIM SALEH; Dr Christina Lienen
One of the main challenges faced by economies around the world is digital transformation. However, due to the large number of participants in single construction projects, the centralisation of authority, poor contract administration, lack of database and system interoperability, the construction industry has been unable to digitise, leading to delays and cost overruns, and disputes. The dissertation aims to explore and investigate the benefits of utilizing blockchain technology in construction contract administration, claim, and dispute management processes in depth, to decrease the number of disputes and claims, and to improve the efficiency, and overall productivity of the UAE construction industry. Further, the dissertation provides common causes of construction claims, and disputes, opportunities in implementation, functionalities of blockchain and smart contracts, adoption and adaptation guide, while observing other industries’ applications. Blockchain distributed structure provides a transparent, secure, and a private communication channel, thus establishing trust among contracting parties. Decentralisation supports document management, claim submissions, and automation of payments. Self-execution and enforcement of blockchain based smart contracts ensures compliance with contract provisions, claim process, procedure, and dispute mechanism. Through utilizing blockchain technology, most processes can be streamlined and automated, thereby ensuring compliance and reducing causes of dispute. In order to develop the dissertation, and answer the research questions, a qualitative research approach is employed, associated with literature from different sources. A thematic analysis strategy has been used combined with deductive reasoning of secondary data to validate or reject the hypothesis.
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The Effect of Pre-Arbitration Procedural Requirements on Admissibility and Jurisdiction Under UAE Law
(The British University in Dubai (BUiD), 2023-11) ATEEM, SHADY SHERIF; Professor Aymen Masadah
This dissertation examines the frequency of pre-arbitration procedural mechanisms used in construction contracts in the UAE and their influence on the effectiveness of the arbitration process. Although these methods are designed to improve efficiency, they frequently result in more conflicts, resulting in a complicated legal environment that lacks a definitive structure under UAE law. Legal practitioners and courts have utilised various approaches to interpret these clauses, leading to ambiguity. This research examines a recent significant judgement from the Dubai Court of Cassation which focuses on differentiating between admissibility and jurisdiction, in line with established international practises. This study proposes implementing contractual modifications to enhance the clarity of drafting, ensuring that parties strictly adhere to procedural requirements, and introducing legal provisions to regulate admissibility and jurisdiction. Furthermore, it is important to take into account the rules of institutional arbitration and the authority given to tribunals to suspend proceedings. Potential areas for further research involve investigating the relevant legislation regarding pre-arbitration prerequisites and analysing how they compare to laws governing the validity of arbitration agreements. The paper proposes further examination of the persistence of pre-arbitration circumstances after the termination of a contract, specifically focusing on the distinctiveness of the arbitration agreement. In essence, improving and simplifying pre-arbitration procedures can promote peaceful resolution of conflicts in accordance with international and UAE court practises
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Breach of Due Process as a Ground for Non-Recognition and Non-Enforcement of Foreign Arbitral Award Under the New York Convention
(The British University in Dubai (BUiD), 2023-05) BOUHEMADI, TALEB BOUHAMADY TALEB; Dr Abba Kolo
Various arbitrators and legal scholars worldwide have repeatedly used the term “due process” either during their legal practice or in efforts to help their clients obtain justice. Most attorneys regard It as established accounts of legal procedures based on a system that adheres to the legal knowledge, enhancing and protecting the individuals' rights. However, its context in the New York Convention award was different. Despite its failure to appear in the report that was made effective in June 1959, it's obvious to note that the Convention's top objective was to promote the importance of acknowledging foreign arbitrations and using them effectively to settle disputes in a way that each part reaps a mutual benefit. Also, the need to make the foreign Arbitral award globally recognized since it steered for standard legislation would promote fairness during the court or arbitration processes. However, even after the agreement to start enforcing the Convention's report, the Foreign Arbitral Award has yet to be fully recognized internationally. The dissertation will analyze and discuss the reasons for refusing to recognize and implement a foreign arbitral award under the New York Convention, as well as how it is applied by different jurisdictions, with a focus on due process, in terms of its concept, the consequences of its breach, how the courts interpret it and how the parties bring it before the competent court, and finally the conclusion and recommendation.
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Nullification of Arbitral Award Under UAE Law Dissertation
(The British University in Dubai (BUiD), 2023-01) ELSANOSI, AHMED; Professor Omar Al Hayari
The UAE Arbitration community has welcomed the new UAE Arbitration Law enacted on 2018 which adds popularity to UAE as an internationally recognised environment for Arbitration as parties normally elect to opt out from Courts and choose Arbitration to resolve their disputes mainly due to is fast decisions and procedures’ flexibility compared to Court litigations, however for the Arbitral Awards to be executable, it must be enforced by recourse to the Courts who has the power to affirm, annul or grant leave for correction of Arbitral Awards based on certain grounds set out by the Law and the Courts interpretation thereto. There is little researches on the subject following the enactment, but was not supported and enriched with Court cases dealing with the new Law and its effect mainly on nullification and enforcement of the Arbitral Awards the issue that this study, which concentrate on all nullifications’ triggers during all the stages of the Arbitration process from signing the Arbitration agreement until obtaining the Arbitral Awards, aims to analyse it and how UAE Courts are dealing with nullification of Awards based on the New Law to help the Arbitration community understand and avoid any trivial or major mistakes that probably will lead to annulment of their Arbitral awards by analysing all possible triggers that may lead to the same and the methods to avoid them, all through excessive Court cases review and analysis for the past (4) years since the New Law came into force. As of date of writing this paper, the Courts have shown great appetite on avoidance of nullification of the Arbitral Awards and settled important principles on their interpretation and decisions worth considering, albeit with some unfavourable judgments to the Arbitration Community as it the case with any other litigation matters.
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The Relationship between Principal Leadership Styles and Teacher’s Job Satisfaction in a British School in Sharjah City
(The British University in Dubai (BUiD), 2023-11) TAMIMI, DANA; Professor Christopher Hill
In modern society, education serves as a cornerstone of societal progress, driven by the quality and quantity of educational personnel, standards, leadership styles of school principals, resources, and the learning environment. Educational leaders hold significant responsibilities, from evaluations to maintaining high standards and ensuring Ministry of Education compliance, shaping the school culture through their leadership styles. Research highlights the substantial impact of leadership styles on teacher and staff satisfaction. This emphasizes the need for school leaders to understand effective leadership styles for sustaining satisfaction. Teacher satisfaction is influenced by various factors, such as relationships with principals, peer connections, compensation, workload, curriculum, community support, facilities, job contentment, and professional reputation. This research explores how diverse leadership styles affect teacher satisfaction, from the teachers' perspective. The findings have practical value for educators and administrators, underscoring the role of effective leadership in recruiting and retaining qualified educators. It also sheds light on the importance of principals' understanding of instructional methodologies and their impact on teacher well-being and effectiveness. Ultimately, this research aims to enhance educational outcomes and overall education quality. This research adopted a quantitative approach to systematically collect and analyse numerical data, aiming to investigate the association between teacher job satisfaction and principal leadership styles. The study concentrated on teachers and the principal of a school situated in Sharjah city, United Arab Emirates, following the British curriculum and comprising approximately 300 teachers. Upon analysing the collected data, the author concludes that there exists a positive correlation between the leadership style of principals and teachers' job satisfaction. Furthermore, the research establishes that leadership style, whether transformational, transactional, or laissez-faire, invariably leads to higher levels of teacher job satisfaction.