The Potential Impact of the Singapore Convention on Mediation in the UAE Construction Industry

Abstract

This dissertation examines the potential benefits of adopting the Singapore Convention on Mediation for the construction industry in the United Arab Emirates (UAE). It explores how the industry’s nature of being fast-paced and involving stakeholders of different professional backgrounds necessitates less adversarial dispute resolution instruments that can be readily enforced in an international context. Relying on a hybrid research methodology which combines doctrinal analysis with qualitative information gathered from interviews with legal and construction professionals, the dissertation investigates existing dispute resolution practices in the UAE, the evolution and enforceability challenges of mediation, and the impact of the Singapore Convention, should the UAE choose to join the treaty. The research reveals that while traditional methods such as litigation and arbitration remain the default dispute resolution mechanism, mediation is growing in popularity and its application in an international setting is bolstered by the Singapore Convention. However, the effectiveness of the Convention is tied to the success and progression of legal reforms in each signatory state, coupled with the uniformity of enforceability globally. Based on these findings, the dissertation recommends policy reforms, capacity-building initiatives, and international benchmarking to promote the Convention’s seamless adoption. Ultimately, the research highlights the promise of the Convention in transforming dispute resolution in the UAE, thereby solidifying international investors’ confidence in the UAE construction industry.