Dissertations (Business & Law)

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Browsing Dissertations (Business & Law) by Subject "adjudication"

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    The Adaptability of Adjudication in the UAE from the Perspective of Islamic Shariaa and Civil law
    (The British University in Dubai (BUiD), 2015-03) SALEM, HANI LOTFI
    A number of jurisdictions have introduced a new mechanism to resolve construction disputes cheaply, expediently and efficiently. This new mechanism should consider the privity of construction contracts and without prejudice to the public policy. Adjudication fulfils all the criteria and was introduced because of the inefficiency of the traditional dispute resolution mechanisms and to secure cash flow in the construction industry. An adjudicator is a neutral third party who determines the dispute and has enough experience, impartiality and independence. The adjudicator is nominated by pre-agreement in the contract or by a nominating body. Considering the success of adjudication in other jurisdictions it is thus desirable to introduce adjudication in the UAE. However, how this system conflicts with the fundamental principles of Sharia and civil law has to be examined. Islamic Sharia law is considered as the main source of the law of UAE. It is important therefore to determine the potential legal obstacles that might be encountered by the introduction of adjudication in the UAE. This study also investigates the prospects of introducing a construction court in Dubai that is compatible with Sharia law and civil law. Such a court would co-operate with the Bar association, Law Society and general authority of Islamic affairs and endowment for training and registering of adjudicators. With such a court it is likely that the acceptability of adjudicator's decision may also be achieved given the status of the court as an independent judiciary.
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    “DO FIDIC RED BOOK 1999 AMENDED CONTRACTS IN THE UAE FAVOR THE EMPLOYER OVER THE CONTRACTOR AND THE CONTRACTOR OVER THE SUBCONTRACTOR AND PROVIDE AN UNREASONABLE RISK, WHICH IS SUPPORTED BY THE CIVIL LAW IN UNITED ARAB EMIRATES COMPARED TO THE COMMON LAW OF THE UNITED KINGDOM?”
    (The British University in Dubai (BUiD), 2018-09) Mohebali, Farzad
    This dissertation looks at the amended FIDIC 1999 red book contract in the United Arab Emirates and see if the amended FIDIC Red book favours the Employer over the Contractor or the Contractor over the Subcontractor, which provides unreasonable risk to the Contractor or the Subcontractor, and whether the amended FIDIC red book contract is supported by the Civil Law in the United Arab Emirates and the Common Law in the United Kingdom. The dissertation briefly looks into the FIDIC 2017 Red book, however as the FIDIC 2017 red book is not used in the Middle East including the United Arab Emirates, the dissertation compared heavily on the FIDIC 1999 red book. The findings of this dissertation are that even though the amended version of FIDIC 1999 red book and FIDIC 2017 red book provides the Employer and Contractor a upper hand and an unfair and unreasonable risk to the Contractor and to the Subcontractor. The common law in the United Kingdom and the Civil Law in the United Arab Emirates both have introduced laws and legislations to try and provide the Contractor and Subcontractor from ensuring that the Employer and the Contractor meets their main performance obligation of making payments to the Contractor and Subcontractor and provides the right for the Contractor and Subcontractor to remedy if the Employer or Contractor doesn’t meet their main performance obligation of payment.