Browsing Dissertations for Construction Law in Dispute Resolution (CLDR) by Title
Now showing items 24-43 of 78
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Decennial Liability under UAE Law (Articles 880-883 of Law No. 5 of 1985)
(The British University in Dubai (BUiD), 2018-03)Decennial Liability is an exceptional liability in UAE, under Articles 880 to 883 of Law No. 5 of 1985. According to this provision of the Law, the Architect / Engineer (A/E) and the Contractor are jointly and severally ... -
Delay 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)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) ... -
Delocalized Arbitration myth or reality? Analyzing the interplay of the delocalization theory in different legal systems.
(The British University in Dubai (BUiD), 2013-04)This dissertation seeks to examine the stigma attached to the idea of a delocalized or floating or transnational arbitration. Whilst the debate on this subject has ensued for decades, this paper seeks to analyze whether ... -
Design Liabilities: In Design Build Procurement in the UAE
(The British University in Dubai (BUiD), 2018-07)This dissertation explores contract design liabilities for Contractors and Engineers under Design Build procurement in the UAE. Firstly, a comparative study of the implied design liabilities provided by UAE Civil Law and ... -
Design Liability in the UAE Construction Industry
(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 ... -
Designer Duties; Pre-commencement of Construction under the Traditional Procurement Method in UAE-DUBAI
(The British University in Dubai (BUiD), 2013-05)This dissertation is aimed to examine the Duties of the designer’s “Design Consulting Engineer” at the pre-construction stage, in light of UAE common used agreement, civil law and applicable rules and regulations in ... -
Dispute Resolution Mechanism under The 2017 FIDIC Red Book
(The British University in Dubai (BUiD), 2019-05)The disputes between the contracting parties in construction projects are unavoidable due to the nature and complexity of the construction contracts; therefore it is important to include a dispute resolution mechanism in ... -
“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)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 ... -
THE EFFECT OF ARTICLE 390(2) OF THE UAE CIVIL CODE ON LIQUIDATED DAMAGES CLAIMS IN THE UAE CONSTRUCTION INDUSTRY
(The British University in Dubai (BUiD), 2014-03)Issues relating to liquidated damages strike at the heart of any construction project as they regularly feature in construction disputes and usually involve substantial sums. In the context of the UAE, there is certain ... -
The Effect of Noncompliance with the Contractual Time Limits for Resorting to Arbitration
(The British University in Dubai (BUiD), 2019-11)Disputes may arise from any contractual relationship, and it is the duty of the legislator to create a suitable legal framework to ensure that such disputes are resolved in a fair and effective manner. Nowadays, most ... -
The Effects of Delay in Delivering Public Construction Projects
(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 ... -
Enforcement of Foreign Arbitration Awards
(The British University in Dubai (BUiD), 2013-05)The dissertation examines in depth and focuses on enforcement of the foreign arbitration awards based on the national laws and treaty obligation as applied in the UAE. The im-portance of this study is derived from the ... -
Entitlement to Extension of Time in cases of Concurrent Delays under the UAE Law
(The British University in Dubai (BUiD), 2013-06)Concurrent delay in construction is a controversial and interesting topic. It involves risks but is often seen as an avenue to evade contractual liability towards the other party. The absence of clear provision in UAE Law ... -
FIDIC 1999 (Red Book) Dispute Adjudication Board’s: The UAE Construction Industry Perspective
(The British University in Dubai (BUiD), 2018-01)It could be said that every construction project is unique in that the basic variables of time, cost, quality and contractual risk allocation are never consistent from one project to the next, and it would be naïve to think ... -
Formation of Arbitral Tribunal
(The British University in Dubai (BUiD), 2015-06) -
HOW TO PROMOTE MEDIATION OF CONSTRUCTION DISPUTES IN THE UAE
(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 ... -
Immunity of Arbitrators
(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 ... -
Impact of ‘back to back’ payment clause on the cash flow of subcontractor in the UAE
(The British University in Dubai (BUiD), 2013-05)Any default by the employer, by not paying on time or nonpaying at all, will adversely affect the parties down in the supply chain in construction project. The contractor tries to cope with such problem by limiting his ... -
Implementation of Sustainability and Green Building Standards in the UAE: An analysis of Relevant Instruments
(The British University in Dubai (BUiD), 2017-12)At the time green buildings concept is highly required by the buildings’ owners and different authorities and becomes more widespread in order to manage the resources and energy to sustain and reduce the cost of developing ... -
Invalidity of Arbitration Agreement Impact on Referral to Arbitration and Arbitral Awards
(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 ...