Browsing Dissertations for Construction Law in Dispute Resolution (CLDR) by Title
Now showing items 40-59 of 78
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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 ... -
Invalidity of Arbitration Agreement Under the United Arab Emirates Law
(The British University in Dubai (BUiD), 2017-09)This dissertation discusses the Invalidity of Arbitration Agreement Under the United Arab Emirates Laws, as arbitration agreement is considered as the foundation stone of the arbitral process. Therefore, it is important ... -
It's not you. It's me! Terminating contractors for convenience in the UAE
(The British University in Dubai (BUiD), 2012-05)This dissertation examines the potential conflict between standard construction contract clauses on termination for convenience and the UAE Civil Code provisions which could override them. Is there a loophole for Contractors ... -
Key clauses in the Dubai municipality general conditions of contract: are they compatible with Islamic Law?
(The British University in Dubai (BUiD), 2012-05)This dissertation considers whether Dubai Municipality General Conditions of Contract are compatible with Islamic law or not? It focuses only on two main headings i.e. the contingent events and the delay damages. It also, ... -
LEGAL ISSUES CONNECTED WITH BUILDING INFORMATION MODELING (BIM)
(The British University in Dubai (BUiD), 2016-09)The primary objective of this dissertation study was to explore and explain various legal concerns and issues related to building information modeling (hereinafter referred to as “BIM”). The secondary objective of this ... -
The Legal Provisions of the Arbitral Award of Electronic Arbitration With respect to the International Conventions and UAE Law
(The British University in Dubai (BUiD), 2018-07)In the current business and market setting where everything is now online, new challenges have emerged in terms of how the traditional means of doing business can successfully translate to the electronic world. In terms ... -
The Legal Standing and the Professional Liability of the Project manager in the Context of his Contemporary Responsibilities
(The British University in Dubai (BUiD), 2016-10)This dissertation reviews the legal standing and the professional liability of the contemporary project management practice where construction specialists and professionals such as cost managers, building surveyors, ... -
Limitation of Liabilities– Analysing a balanced approach to Limiting Liabilities in Construction Contracts
(The British University in Dubai (BUiD), 2014-05)Limitation of Liability clauses involves risk allocation in contract. Beyond the fact that the agreed contract terms apportion the rights and obligations in a contract, the contract and actions of parties are governed by ... -
Liquidated Damages versus Delay Penalties and Limitation of Liability: A Comparison between the English and United Arab Emirates Law
(The British University in Dubai (BUiD), 2016-02)The liquidated damages and delay penalties and their limitation pursuant to the contract versus the applicable law are a subject that is frequently triggered during construction disputes all over the world. There are some ... -
Mediation as an Alternative Dispute Resolution Mechanism in the UAE Construction Industry
(The British University in Dubai (BUiD), 2013-11)This dissertation investigates whether mediation is a proper dispute resolution mechanism for the UAE construction Industry or not. Mediation as an alternative dispute resolution is a form of settlement process that is ... -
Ownership of Generated Total Float
(The British University in Dubai (BUiD), 2016-08)The ownership of the total float is one of the common disputed subjects in construction projects. With projects varying in terms of nature and complexity, conflicts started arising in projects over the ownership of the ... -
POWER OF EMPLOYER TO VARY WORKS UNDER FIDIC STANDARD CONTRACTS AND UAE LAW
(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 ... -
A Practical Framework for Delay Claims in the UAE What are the key topics that a legal practitioner should be aware of?
(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 ... -
Prolongation Cost as a Remedy for Construction Contracts Delays
(The British University in Dubai (BUiD), 2016-01)Although the construction companies in the United Kingdom and the United Arab Emirates spend colossal amounts of monies to prepare time related cost claims, those claims usually do not reflect the contractor’s actual ... -
The Prospect of Introducing Statutory Adjudication in the UAE Construction Industry
(The British University in Dubai (BUiD), 2013-04)Statutory Adjudication is a novel dispute resolution mechanism in the construction industry. It was first introduced in the UK construction industry following the introduction of the Housing Grants, Construction and ... -
The Prospects of Introducing the Private Finance Initiative in the UAE Construction Industry
(The British University in Dubai (BUiD), 2013-06)Private public partnerships have assumed new dimensions through a process of constant evolution in synchronisation with modern economic challenges. Private finance initiative has emerged as the leading choice for public ... -
PROSPECTS OF MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN THE UAE CONSTRUCTION INDUSTRY
(The British University in Dubai (BUiD), 2018-11)Every construction project is in actual unique due to the fact that the variables of cost, time, quality, conditions and contractual risks are never consistent from one project to the next, and thus it would not be logical ...