ItemExamining The Efficiency of Arbitration Advantages in the United Arab Emirates in light of the Arbitration Law(The British University in Dubai (BUiD), 2023-05) AL-FREIHAT, MOHANNAD JAMAL; Dr Omar AlhyariDue to the constant progress of the arbitration rules and the exceptional demand and acceptance of disputants to resort to arbitration, due to its several advantages and due to the issuance of the relatively new arbitration law. It was necessary to conduct this research which aims to assess the adequacy of the benefits of arbitration in the United Arab Emirates, in light of the arbitration Law. The aim of this study is to ascertain the benefits of arbitration and comprehend the regulatory framework implemented by the UAE legislature to enhance its economic and legal leadership position in the region and worldwide, by leveraging the advantages of the arbitral process. The present dissertation has yielded significant findings and conclusions. Specifically, it has been determined that the Arbitration Law has duly acknowledged the latest trends in arbitration and has incorporated various provisions that govern the arbitral proceedings in accordance with the parties' autonomy, confidentiality, timely process, equal and fair process, and enforceable judgments. These provisions had been interrelated with the roles of parties and their agreement, the tribunal selected by the parties, the provisions of the arbitration law, or the competent court. ItemA Comparative study of DAB and Arbitration as methods of resolving Construction Disputes(The British University in Dubai (BUiD), 2023-01) AL KHAWAJA, DANA JAMALThis dissertation’s purpose is to briefly introduce reasons for construction field disputes and to discuss the various DR methods applicable to resolve them, and their advantages and disadvantages. It then proceeds to elaborate on two of these methods, namely arbitration and dispute adjudication boards and take a closer look at two important factors considered when a person decides to approach DR, which are time and cost for resolving disputes through them. The doctrinal nature of this study allows comparison between the two methods using information collected by credited researchers. It is intended to highlight the overlooked benefits of DAB, and encourage its application in the UAE, since it is supported by FIDIC only and not by statute. It is concluded that while the cost of international arbitration may be 15% of a project’s value and may take years to resolve, DAB takes less time. Although time limits increase efficiency relative to arbitration, the ICC rules set time limits for the tribunal’s formation and for submission of rejoinders, but not for the issuance of an award. DIAC rules however set a three-month limit that can be extended to five, from the date of transfer of the case from DIAC to the tribunal . ItemA Comparative Analysis between the Application of Liquidated Damages Under English Law and UAE Law(The British University in Dubai (BUiD), 2022-09) ALAWADHI, MARWADelay is one of the most common breaches in the construction field, and, over the years, construction professionals have come accustomed to remedy this breach through the application of liquidated damages. This dissertation studies the concept of liquidated damages under two different legal systems: the English Common Law and the UAE Civil Law. The research methodology adopted is analytically comparative focusing on the practical applicability of the concept within each legal system where the findings are highly based on legal cases from both legislative systems. Other concepts that directly affect the application of liquidated damages (such as: Time for Completion, Extension of Time, Act of Prevention, and Sectional Completion) are also studied thoroughly in this dissertation in a way that identifies the contractual link between the term in study and liquidated damages, as well as analyses the basis of these contractual links. Both systems agree on the essence of liquidated damages being an agreed pre-estimate of the damage that the employer could potentially suffer from due to the contractor’s delay; and so, both systems will not allow the application of liquidated damages if the courts find out that the sum applied is intended to penalize the contractor rather than compensate the employer for his loss. While the English Law is clear on the non-requirement of proving the loss suffered in order to apply liquidated damages, the UAE Law takes the same position only with public contracts. For private contracts, the UAE Courts have repeatedly required for the loss to actually occur, the contract’s default to be present, and the contractor’s default must be the cause of the provided loss. In general, both legislations also agree on the application of liquidated damages on the main contractor when the delay is due to a nominated subcontractor’s default. On a different note, if the liquidated damages were found by the English courts to be so extravagant that it imposes a penalty on the contractor, the courts will nullify the clause and suffice with only rendering it inoperable. The English courts have refrained from modifying the parties’ contracts with reference to the principle of Autonomy. However, as the UAE law gives the courts the power to change contracts and the judges, though not often, will use it if necessary. This research also goes briefly into the means of estimating the liquidated damages amount, its recovery, and ways of avoiding its application. ItemThe Role of Arbitrator in Arbitration Process(The British University in Dubai (BUiD), 2022-11) EL SAYED, MINAThe judiciary is considered one of the pillars of the state’s balance, as it achieves justice among members of society through the correct application of the laws and legislation in force in the state, and due to the spread of arbitration as an alternative dispute resolution method, I have chosen in this thesis to shed the light on the role of the arbitrator in the arbitration process and the extent to which this role affects the success of the arbitration process as the arbitrator plays the role of the judge in the arbitration process. And since there is a great demand for arbitration now as an alternative method for resolving disputes because of its benefits that have been widely accepted by companies and individuals, because it is easier and faster than the judicial authority, in addition to the principle of complete confidentiality during arbitration procedures and the lower costs of arbitration compared to the judicial authority. Therefore, light was shed on the procedures followed by the parties in the event of resorting to arbitration in accordance with international arbitration laws and the laws of the United Arab Emirates, starting with choosing the correct conditions for the arbitration clauses, passing through the selection of the arbitrator or arbitration committee, the text of the arbitration agreement, and the criteria for the final agreement to ensure access to the issuance of a valid final arbitral award is binding on both parties. The focus was on what are the behaviors that the arbitrator must follow during his consideration of the arbitration case. This thesis included a discussion of the various jurisprudential opinions regarding the erroneous decisions and procedures committed by the arbitrators in the various types of arbitration, which led to the nullification of the arbitral award, the analysis of legal texts that approved the role of the arbitrator, explicitly or implicitly, and the presentation of the relevant judicial decisions. ItemArbitral Awards(The British University in Dubai (BUiD), 2022-11) DAWOD, YAZAN GEORGE FARIDThe Objective of this dissertation is to provide further understanding of arbitral awards in general, to analyze when and why such awards are rendered and the possible consequences of rendering such awards, this study will also assist in avoidance of pitfalls by providing actual previous cases and court judgments, it will also provide guidance on matters to be considered prior issuance of the different categories of awards such as awards’ enforceability and annulment under the New York Convention of 1958 (NYC), United Arab Emirates Arbitration Law and the view of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration of 1985. In this Dissertation I have followed the doctrinal research mythology and found out that the Arbitrator task to issue an arbitral award of any type shall be carefully analyzed, whether it is a partial award or a settlement award or others, a considerable effort shall be put to examine thoroughly case-by-case parameters including but not limited to the well of the parties, the seat law and case precedent. ItemThe Application of the Doctrines of Severability and Competence- Competence in the UAE(The British University in Dubai (BUiD), 2014-07) ELBANA, MOHIEELDIN MOSAADArbitration is considered one of the best options available to parties for resolving their disputes. Nowadays, courts strongly encourage arbitration, and thus, has been largely adopted locally and internationally. With that, this dissertation aims to determine whether, or not, the UAE arbitration practice in respect of the arbitral jurisdiction aligns with the international practice. In addition, this dissertation will also examine the importance and implications of Competence-Competence and severability doctrines under the UAE law. In-depth research has been done to answer these issues. This includes, without limitation, going through a series of reviews and gathering information from different sources such as journals, books, court judgments, awards, and articles. We discovered that there is an urgent need to introduce new global concepts within the effective legislation, including the competence-competence and severability concepts, to tackle the issue of who decides the jurisdiction of the tribunal and make sure that the arbitration agreement is not ineffective. This finding suggests that, in the UAE, these principles need to be applied in all cases except when there is a solid challenge to the basis of the arbitration such as when there are valid allegations that the party did not agree on the arbitration agreement. Therefore, we recommend forming an independent body, which can be in the form of a judicial committee (be it an independent circuit in local courts or linked with the technical office of the Minister of Justice or the Chairman of the court (the “Committee”)) to deal with the issues that negatively affect the continuation of the arbitral proceedings on summary basis. The role of this Committee shall be to facilitate the determination of cases and to support the parties’ autonomy. If the Committee finds a major reason that prevents the arbitral proceedings, as if the arbitration agreement was never formed or the dispute is not arbitrable, the case shall forthwith be referred to the competent court for determination, otherwise the matter shall be referred to the tribunal to continue the arbitral proceedings. ItemInvalidity of Arbitration Agreement Impact on Referral to Arbitration and Arbitral Awards(The British University in Dubai (BUiD), 2021-12) DWEIK, DINA TAYSEER; Dr Abba KoloArbitration has become a common route for dispute resolution, particularly in large projects carried out in the Middle East, in which the parties involved may be part of international entities. Most of the standard forms of contracts recommend arbitration in lieu of litigation due to numerous reasons that are mainly attributable to time and expertise. Nonetheless, in recent years the phenomenon of parties making attempts to file cases before the courts became frequently observed in spite of the existence of an Arbitration Agreement in the contract. In this regard, it is strongly advised for contracting parties to have genuine intention to bind by arbitration, by referring their disputes to arbitration rather than recourse to courts or any other dispute resolution mechanism, and by abiding by arbitral awards. The UAE Arbitration Law, the Model Law and the New York Convention were all drafted with a formidable initiative to secure the parties’ intention to arbitrate, by giving effect to an Arbitration Agreement. To elaborate further, giving effect to an Arbitration Agreement can be demonstrated through the referral to arbitration by either dismissing a claim filed before a court or a stay of court proceedings for lack of jurisdiction. In the same context, giving effect to an Arbitration Agreement, in regard to the arbitral awards, can be understood as the recognition and enforcement of arbitral awards by the courts, whether they were domestic or foreign arbitral awards, without any exemptions, except for those referred to in the national law and conventions as compelling reasons to revoke the arbitral award. However, there are limited cases in which a claimant may refer the dispute to courts or contest enforcing an arbitral award and challenge its validity, albeit having agreed on arbitration as a dispute resolution route, for reasons related to the validity of the Arbitration Agreement beside other reasons included in the aforementioned legislations which mainly revolve around adequacy, integrity and jurisdiction. The subject of this study is to highlight the validity of the Arbitration Agreement and how does this impact the referral to arbitration and the recognition & enforcement of arbitral awards. ItemDesign Liability in the UAE Construction Industry(The British University in Dubai (BUiD), 2022-03) O’REILLY, BRIANThis dissertation explores design liability in the UAE construction industry. First and foremost, design liability in the UAE is a matter of contract between the parties to a construction contract, however, the terms and conditions if the contract are also subject to the laws of the UAE. In addition to discussing the current outlook for the UAE construction industry, this dissertation will examine the principles governing the formation and performance of a construction contract and the level of design liability that the parties normally assume. This will be examined in accordance with the laws of the UAE governing contracts. Not only do parties execute construction contracts in accordance with contract law, but the parties are also subject to laws governing delict and the provisions of delict will be examined with respect to the parties’ design liabilities and the risks and remedies that whilst not always provided for under a contract are important considerations. An important facet of the law which is commonly overlooked in contracts in the UAE concerning design liability is decennial liability and this will be examined in detail and the risks, liabilities, and remedies available under the provisions of the law will be discussed. The model form of contract most widely used in the UAE will be reviewed in relation to contract law, liability for delict and decennial liability. The model form of contract will be discussed to determine if the provisions of the law are well considered and if any inconsistencies can be identified. ItemThe Effects of Delay in Delivering Public Construction Projects(The British University in Dubai (BUiD), 2021-11) ALMONAYYER, KHALED ADELThis dissertation attempts to discuss the effects and consequences of delays in delivering public construction projects of government agencies in accordance with the prevailing procurement laws and administrative contracts which differ from private contracts in terms of authority the government entity has to protect and preserve the rights of the public and the taxpayers whom are the real financiers of those projects, in addition to the contractual and legal procedures the government entity undertakes in case of delay to ensure that the rights of the public are preserved and the project agreed completion time is preserved. The dissertation also discusses the different cases and causes of delay in government projects and the extent to which the contract parties are responsible for those delays, the methods of delay analysis to determine responsibility and duration of delay, how the cost of delay is decided and calculated, conditions for applying delay damages, and enforceability of liquidated damages in case of termination. In light of the existence of several legal and judicial systems, the most important of which are the civil law and the common law, differences in the legal actions and consequences of delays in government projects in the Emirate of Dubai, which applies civil law, and the United States, which applies common law are discussed to clarify the differences in the Administrative Contracts in both countries in accordance with the enacted laws and government requirements in force. The significance of this Dissertation arises from the importance to understand the differences between administrative contracts in civil and public law jurisdictions in terms of delay damages legal definitions, legal and contractual consequences of delays, and enforceability of delay damages and their effectiveness and usefulness in achieving the governments’ intended goals in terms of completing public projects within the agreed budget and completion time, and compensating the governments for damages incurred in the event of contractor-caused delays. It is also significant that the effect of delay damages clauses on the attractiveness of government projects is considered and its effect on the pricing of these projects in light of the rights the enacted procurement laws grant the government entity to exercise in order to ensure that the interests of the public are preserved. ItemImmunity of Arbitrators(The British University in Dubai (BUiD), 2021-11) HARED, ABDIQANI MOHAMEDThe losing party in any arbitration case is likely to attempt to settle its account with the arbitrator who issued a ruling against him by resorting to the courts and filing cases that make the arbitrator vulnerable to arbitrary prosecutions, the matter that will lead to the reluctance of many individuals with integrity and knowledge to be reluctant to enter into the arbitration club. In addition, arbitration, which is considered to be one of the most successful alternative mechanism to resolve disputes is likely to become weak in terms of solving global trade problems. The purpose of this research is to study the extent to which the arbitrator is entitled to protection from prosecution and what is the optimal immunity that he should enjoy. According to the results of the research, the researcher concluded the need to provide protection for the arbitrators so that they can carry out their duties and obligations towards the parties to the conflict without any fear of prosecution by the parties who are not satisfied with the judgments issued against them, but at the same time, this immunity should not be a gateway used by the arbitrator in his favor by committing gross errors, willful negligence, or taking bribes to rule in favor of one party against another. The researcher also provides recommendations that the issue of arbitrator’s immunity should be clarified further in the arbitral laws of countries and relevant institutions. ItemPOWER OF EMPLOYER TO VARY WORKS UNDER FIDIC STANDARD CONTRACTS AND UAE LAW(The British University in Dubai (BUiD), 2021-12) FAYAD, RAMI MOHAMADThe overarching purpose of this research is to discourse and contribute to the limited body of research addressing the extraordinary power of the employer to vary according to the UAE laws and FIDIC forms of contracts. The research is inspired by the need to help parties to a construction contract understand the power of the employer and the employer’s representative to vary, and to understand the protection given to the contractor in case there is a variation instruction. Gaining this understanding will go a long way to help reduce the number of disputes, which often slow down constructions thus affecting the industry, which immensely contributes to the economy of the UAE. Apart from interpreting different clauses in the UAE Civil Transaction Code (CTC) and FIDIC forms such as the Red Book, the paper also reviews relevant cases within and without the UAE jurisdiction. The paper concludes that while an employer’s power to vary is indeed extraordinary, it is justified to a large extend. The intention is to ensure that the employer, who might be a novice when it comes to construction and the relevant laws, is able to complete the project regardless of unforeseen circumstances. The paper also asserts that, the contractor is protected from unfair enrichment or exploitation by the employer. ItemDelay in Completion and the Employer's Entitlement for Liquidated Damages under UAE Law and FIDIC Standard form Contracts(The British University in Dubai (BUiD), 2021-11) KHRAIS, RAMI ISSAThe construction field is a complicated system that interfaces all stages of engineering, procurement and assembly. Furthermore, all of these activities interface the legal system (eg regulations, liabilities and entitlements) as bound by contract under the law applicable to the project. In this context, the subject of this master’s dissertation is the phenomenon of delayed project completion, the concise meaning of ‘completion’ alongside the completion types to verify the existence of delays and liquidated damage entitlements for the employer based on the construction project delay under UAE law and International Federation of Consulting Engineers (FIDIC) contracts. Construction contracts usually contain clauses and conditions; such as articles for the compensation method to be applied in the case of disputes based on losses or damages caused by a party’s failure to meet the other party’s obligations. The amount of this loss is considered a lump sum and is agreed upon by all parties during the contracting stage, which is ideally prior to the work in question. The aim of such provisions is to financially protect injured parties from damages and losses. This dissertation examines legislation covering the damage liquidation policies of construction contracts and the mechanisms of applying said compensation of liquidated damages under UAE law and the FIDIC. This research also addresses the burden of proof on the injured party in raising a claim for the liquidated damages and the fairness of the applicable UAE laws, especially concerning covering losses not explicitly mentioned in the contract. The author of this work has examined the details of UAE courts and their power to adjust liquidated damages in such cases. To this end, the author provides recommendations to contracting parties to be followed to avoid such losses and to ensure smooth and perhaps unchallenged claims while obtaining appropriate compensation. ItemThe Treatments of Liquidated Damages under the English and the UAE Laws(The British University in Dubai (BUiD), 2021-09) MUJAHED, YAZEEDUndesirable delays in construction projects result in needless costs and precipitate aggravated projects durations. Unfortunately, construction project delays are very common, which affect the objectives of the project, the parties` positions, which may lead to disputes between the parties. These difficulties are frequently dealt with by agreeing to a liquidated damage clause under the contract. Liquidated damages provisions are agreed upon between the parties to guarantee the performances from the parties to their contractual obligations. While it often ensures performance, another benefit is to identify a predetermined monetary sum which are to be paid by the performing party in the event of delays in delivering the works, or possibly specific milestones. While liquidated damages are considered to be supplementary contractual provisions, its application and enforcement are conditioned to its applicability under the contract`s applicable law and the other contractual obligations. This research discusses and compares the limitations to enforce liquidated damages under English and the United Arab Emirates (UAE) laws. Both laws impose limitations on recovering liquidated damages when the provision departs from its compensatory and equity nature. Under English law the court’s position will be either allow or limit the award of the liquidated damages, whereas under UAE law the courts exercise the same discretions and may go further by varying the liquidated damages amount that is agreed between the parties. English and UAE Laws stress the importance of honouring and prioritizing the parties` agreement, provided it contradict no mandatory law provision or the public order. The concept of liquidated damages is addressed differently depending on the legal system of the country. There are a few limitations the majority of countries regardless of this though which include the principle of equity and protecting the interests of the parties. However, the Common Law system is generally strict in limiting the award of any form of penalty clause in a contract due to the potential issues that may occur. On the face of it, it appears that UAE`s courts do not differentiate between a pure penalty and a pure liquidated damages provision. It is safe to assume that the importance in differentiating between the two terms made in Common Law jurisdictions is not shared in the UAE, due to the granted power to the courts under Article 390 of the Civil Code. ItemArbitrators Appointment: Process, Challenges and Remedies(The British University in Dubai (BUiD), 2021-04) ALKETBI, HAMAD ABDULLA RASHEDThis Dissertation objective is to bring more understanding on the mechanism of arbitrator’s appointment process whether by the institutions or by ad-hoc arbitration, shed more light on parties given powers to effect arbitrator’s appointment, investigating the challenges facing the process. This Dissertation also shed more light on the roles of the parties, legislation and arbitrators if the parties fail to agree on an appointed arbitrator, due to disagreement or defective arbitration agreement/clause or challenge the arbitrator’s appointment or jurisdiction. This Dissertation will focus only on two legal jurisdictions and their arbitration institutions and legal framework. The first which is the United Arab Emirates Law & the English Law (England and Wales). It will cover the United Arab Emirates Arbitration Law of 2016 and the older provisions on Arbitration in the UAE Civil Procedure 1992 and the English Arbitration Act of 1996. For institutions I will focus on t arbitration institutions in the UK and UAE. ItemTermination of Construction Contract under UAE Law(The British University in Dubai (BUID), 2021-03) Salous, AmeedThe dissertation aims to examine the legal principles and practices applicable to terminate construction contracts in UAE. This dissertation identified the causes of termination and showed the drastic effect of the termination on the contracting parties beginning from paying the cost of the performed works until paying the loss of profit or loss of opportunity. The UAE showed a significant level of protection on the performance of the contract refusing to accept the terminations as a prime remedy for the breach of contract and keeping it the last resort. Such protection was clear in the control of the court over the fate of the contract. However, many exceptions allow the automatic termination out of the court, such as force majeure events or by agreement of the parties. The termination without causes still uncertain to be enforced by the courts; nevertheless, there are provisions of law that can be used as a vehicle to try to enforce it. Such a type of termination is necessary as there are economic advantages in applying it. Many uncertainties and shortfalls are noticed in UAE law, from the degree of the breach that allows termination, the definition of the force majeure to the fate of the contractual damages upon the contract’s termination. All are matters need to be treated better by the legislator. ItemSUBCONTRACTING IN THE CONSTRUCTION FIELD(The British University in Dubai (BUiD), 2020-10) Abedalaziz, LeenThis research attempts to discuss selected legal aspects of sub-contracting, and to set out recommendations for parties who are involved in the construction contracts and sub-contracts, regarding the mechanisms of drafting their contracts, specifically, clauses that are subject to cause more disputes, and the clauses related to key factors which affect the contractual relationships between the parties. The research discusses the selection process of sub-contractors, and how this process and selection criteria influence the liability, rights, and obligations of the parties related to both main contracts and sub-contracts. In addition, the research discusses the concept of back to back sub-contracts, and the effects of back to back payments on the construction main contract and sub-contract parties. The recommendations of this research have been concluded, after thoroughly analyzing and studying courts decisions for cases related to each key factor that influences the contractual relationship between parties in the construction industry. The main basis referred throughout this research were the UAE Civil Transaction Code and other UAE legislations, Common Law and UK acts and regulations, and other international laws and practices. In addition, specific consideration has been given to international standard construction contracts such as FIDIC construction contract form Redbook 2017, and FIDIC construction sub-contract form 2011, and other standard contracts such as JCT and NEC. The significance of this research arises from the importance of proper contracts drafting, as the interpretation of the clauses included in a contract, substantially influences the liabilities, obligations, cashflows of a contract parties, and plays a significant role in avoiding disputes that may arise from poor drafting. ItemHOW TO PROMOTE MEDIATION OF CONSTRUCTION DISPUTES IN THE UAE(The British University in Dubai (BUiD), 2020-09) Yumna, Saem AldaherThe unique nature of each construction project makes it difficult to contain the dispute through one or two methods, that’s is due to different contributing factors such as time, cost, quality contract conditions, and the contractual risks associated with each contract and combined in a unique formula that differentiate the projects one from another. Therefore, it is not logical to believe that the root cause of construction disputes could be easily contained using a certain set of contracting principles or wording. Furthermore, the fact that the parties involved in the execution of construction contracts who are coming from different cultural background, personalities and a set of expectations also contribute to increasing the possibility of disputes and conflict in the construction industry. Even though when dispute avoidance techniques are utilized, in many circumstances disputes are inevitable, and thus there is a call to more effective dispute resolution methods that can be tailored to fit each projects need. In the last twenty years, development has been made to dispute resolution methods to come up with a set of recognized alternatives apart from litigation, and it is made available now to the contracting parties. Mediation is one of the most recognized alternative dispute resolution methods, which has developed significantly and been adopted by many countries with mature economics, such as Malaysia and the UK, etc. However, in the UAE, the process is not yet adopted as a method of alternative dispute resolution as the UAE experienced employers and contractors consider only arbitration and litigation to resolve disputes. This dissertation aims to investigate the various means to resolve disputes in the UAE construction industry in a way that helps to reach a win-win situation for all parties and eliminates the drawbacks of all other methods including speedy, lower cost, flexibility and non-adversarial that through which it retains a good business relationship between contractual parties. Therefore, as an answer to all these requirements, mediation does not only come to satisfy this need, but also to prevent disputes from further escalation and to reach a middle ground for all parties without the need to proceed to a lawsuits. However, despite this, the implementation of mediation does include some obstacles that require a combination of measures and precautions to ensure they are overcome which will be addressed later in this dissertation. ItemCorruption in Construction Industry and Mitigation Actions in the UAE(The British University in Dubai (BUiD), 2020-10) AL HOSANI, NAWAF MOHAMEDCorruption and malpractices in Construction Industry become most critical issue in the Construction sector especially in the UAE. Preventive measures are taken to eradicate or minimize the damage and laws are introduce to safeguard the industry. This dissertation is covers the subject and well supported by suggestion by various authors and various literature reviews confirming such situation occurs in the industry across the world. Hence, the construction industry dominated by the multicultural society specially the expatriate community, which they hold the various managerial positions in UAE construction sector, they intent to make quick money through malpractices and get away with the gaps in Contract Clauses and the legal system. After conducting the survey, collecting data and one to one interviews with many industry professionals at many levels, it was well supported as primary and secondary data. After evaluating all data it suggested that many projects from inception to the close out phase, it significantly contribute the corruption and malpractices. |Most of the projects, time is critical and no time go into deep and review the procurement cycle, scope or the construction methodically. It further suggested, eradication of malpractices totally is impossible but preventive measures can be taken to minimize and control the situation in UAE as well as globally. This will help to select the best procurement strategy maintaining the Quality, Time and Cost within the high value and highly complex projects. This is the obligation in all industrial professionals support with the country’s legal frame work to introduce new laws and preventive measures, follow the code of ethics and moral values to support the industry specially the construction sector. ItemTHE ROLE OF NATIONAL COURTS IN ARBITRATION: AN EXAMINATION OF THE ATTITUDE OF UGANDAN COURTS(The British University in Dubai (BUiD), 2019-08) OCEN, MILTON FREDThis study examined the attitude of Ugandan courts towards arbitration in order to facilitate efficient resolution of construction disputes which are better resolved by arbitration. The investigation was done through a case-study research design involving a desk review of existing literature, legislation and the cases decided by the courts in Uganda in order to establish how the Ugandan judiciary has facilitated the growth of the process. The study notes that the courts in Uganda are generally supportive of the arbitration process as exemplified by their tendency to recognize a valid arbitration agreement and unwillingness to examine evidence that is before an arbitral tribunal among others. It however notes some challenges that need to be addressed including: ambiguity in some parts of the substantive law on arbitration, knowledge gaps among lawyers on how the arbitration process operates, as well as a shut down on arbitration due to an abeyance in the powers of Centre for Arbitration and Dispute Resolution (CADER) to appoint arbitrators following a High Court ruling against the Executive Director’s exercise of the said powers without a constituted Council. Needless to say, CADER has also been operating with significantly low levels of funding. ItemThe rights and limitations of employer to terminate construction contracts in UAE(The British University in Dubai (BUiD), 2017-07) Albalooshi, YousufThe United Arab Emirates constitutes one of the most pronounced construction industries. Evidence of this lies in the large number of extensive, highly complex and ambitious structures under construction in the country. The success of these construction projects, however, is attributable to malpractice by project developers in the country who misuse their contractual right to terminate for convenience. Contracts used in the construction sector are one-sided since they favor the employer more than it does the contractor. Despite this practice, the UAE civil code provides for the rights of each party to terminate the contract. The intent of this dissertation is to identify these rights and unveil how the employers in the UAE abuse this power for their benefit but at the expense of the contractor. As the source of the contract’s funding, the employer’s exposure to risk is high. Following the downturn of 2007-2008 which crippled many projects, employers are not willing to expose themselves to such risks that threaten the very survival of the employer’s business.