Browsing Dissertations for Construction Law in Dispute Resolution (CLDR) by Issue Date
Now showing items 1-20 of 78
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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, ... -
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 ... -
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 ... -
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 ... -
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 ... -
Are U.A.E. seated Arbitral Tribunals vested with adequate powers to grant Provisional Measures within the context of arbitration?
(The British University in Dubai (BUiD), 2013-05)This research aims at finding the extent of the powers of UAE seated arbitrators in granting provisional relief within arbitration context before and during arbitration proceedings and have an overall examination of the ... -
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 ... -
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 ... -
Why do UAE Courts annul Final Arbitral Awards which are issued in the UAE?
(The British University in Dubai (BUiD), 2013-06)Arbitration is one method to resolve disputes out of different methods available in the construction industry. The UAE law through the Civil Procedure Code provides some articles which governs the arbitration. The requested ... -
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 ... -
The Users’ Perceptions on the Impartiality of the Engineer under the FIDIC Red Book
(The British University in Dubai (BUiD), 2013-11)The thesis of this research had been chosen for the extent of controversy around the role of the Engineer under the FIDIC Red Book. UAE construction industry was the key object of the study and the study largely relied ... -
Contractor's Entitlement to Extension of Time in the United Arab Emirates
(The British University in Dubai (BUiD), 2013-11) -
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 ... -
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 Applications Of The Variation Clauses Of The FIDIC Red Book 1987 And 1999: Analytical And Empirical Study Under the UAE Law
(The British University in Dubai (BUiD), 2014-05)Usually, the variation provisions in standard construction contracts are well drafted in a careful and precise manner. These provisions are built up with accurate and unequivocal wordings which preclude any ambiguity/ ... -
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 ... -
The Application of the Doctrines of Severability and Competence- Competence in the UAE
(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 ... -
Unilateral Termination of Construction Contract - A Comparative Study between Chinese Law and UAE Law
(The British University in Dubai (BUiD), 2015-01)Construction contract is a legal binder of the contracting parties for a certain project and there are also many industries and other parties linking to such project behind the contract. To terminate the contract will ... -
The Adaptability of Adjudication in the UAE from the Perspective of Islamic Shariaa and Civil law
(The British University in Dubai (BUiD), 2015-03)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 ...