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    • A Comparative Analysis between the Application of Liquidated Damages Under English Law and UAE Law 

      ALAWADHI, MARWA (The British University in Dubai (BUiD), 2022-09)
      Delay 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 ...
    • The Role of Arbitrator in Arbitration Process 

      EL SAYED, MINA (The British University in Dubai (BUiD), 2022-11)
      The 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 ...
    • Arbitral Awards 

      DAWOD, YAZAN GEORGE FARID (The British University in Dubai (BUiD), 2022-11)
      The 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 ...
    • The Application of the Doctrines of Severability and Competence- Competence in the UAE 

      ELBANA, MOHIEELDIN MOSAAD (The British University in Dubai (BUiD), 2014-07)
      Arbitration 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 ...
    • Invalidity of Arbitration Agreement Impact on Referral to Arbitration and Arbitral Awards 

      DWEIK, DINA TAYSEER (The British University in Dubai (BUiD), 2021-12)
      Arbitration 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 ...
    • Design Liability in the UAE Construction Industry 

      O’REILLY, BRIAN (The British University in Dubai (BUiD), 2022-03)
      This 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 ...
    • The Effects of Delay in Delivering Public Construction Projects 

      ALMONAYYER, KHALED ADEL (The British University in Dubai (BUiD), 2021-11)
      This 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 ...
    • Immunity of Arbitrators 

      HARED, ABDIQANI MOHAMED (The British University in Dubai (BUiD), 2021-11)
      The 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 ...
    • POWER OF EMPLOYER TO VARY WORKS UNDER FIDIC STANDARD CONTRACTS AND UAE LAW 

      FAYAD, RAMI MOHAMAD (The British University in Dubai (BUiD), 2021-12)
      The 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 ...
    • Delay in Completion and the Employer's Entitlement for Liquidated Damages under UAE Law and FIDIC Standard form Contracts 

      KHRAIS, RAMI ISSA (The British University in Dubai (BUiD), 2021-11)
      The 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) ...
    • The Treatments of Liquidated Damages under the English and the UAE Laws 

      MUJAHED, YAZEED (The British University in Dubai (BUiD), 2021-09)
      Undesirable 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, ...
    • Arbitrators Appointment: Process, Challenges and Remedies 

      ALKETBI, HAMAD ABDULLA RASHED (The British University in Dubai (BUiD), 2021-04)
      This 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 ...
    • Termination of Construction Contract under UAE Law 

      Salous, Ameed (The British University in Dubai (BUID), 2021-03)
      The 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 ...
    • SUBCONTRACTING IN THE CONSTRUCTION FIELD 

      Abedalaziz, Leen (The British University in Dubai (BUiD), 2020-10)
      This 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 ...
    • HOW TO PROMOTE MEDIATION OF CONSTRUCTION DISPUTES IN THE UAE 

      Yumna, Saem Aldaher (The British University in Dubai (BUiD), 2020-09)
      The 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 ...
    • Corruption in Construction Industry and Mitigation Actions in the UAE 

      AL HOSANI, NAWAF MOHAMED (The British University in Dubai (BUiD), 2020-10)
      Corruption 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 ...
    • THE ROLE OF NATIONAL COURTS IN ARBITRATION: AN EXAMINATION OF THE ATTITUDE OF UGANDAN COURTS 

      OCEN, MILTON FRED (The British University in Dubai (BUiD), 2019-08)
      This 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 ...
    • The rights and limitations of employer to terminate construction contracts in UAE 

      Albalooshi, Yousuf (The British University in Dubai (BUiD), 2017-07)
      The 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. ...
    • Apportioning subcontractors’ liability for project delays; a consensus approach 

      Thomas, Manoj (The British University in Dubai (BUiD), 2020-05)
      Most construction contracts make use of the “Liquidated Damages” clause for dealing with damages due to delay. As it is difficult and sometimes impractical to evaluate the exact losses accrued due to the late handover of ...
    • A Practical Framework for Delay Claims in the UAE What are the key topics that a legal practitioner should be aware of? 

      El Sayed, Ahmed (The British University in Dubai (BUiD), 2019-07)
      Undoubtedly, construction disputes could be considered as one of the most complicated disputes in the legal community. It includes tremendous arguments from both technical and legal perspectives. Such complexity leads to ...