Demand soars for UAE construction dispute lawyers

Posted by: Zahid Syed Sunday, 30 August 2009 5:21 PM[UAE] - Saudi Arabia

CONSTRUCTION DISPUTE MANAGEMENT Indeed time spent in advance on planning and preparation for arbitration and litigation, will prove beneficial by facilitating a head start. It will also ensure timely actions whilst defaulting party is still around. In the event of a dispute, most engineering and construction contracts typically provide 30days or so, for an expert to be appointed, by joint party agreement, for adjudication, with costs and basis to be shared by both parties. In case of failure to do so within the stipulated period, such contracts require that the matter shall be settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce, by Arbitrator(s) appointed in accordance with said rules. Such contracts also typically obligate contractor to proceed with the work with due diligence while any matter is under dispute, without prejudice to all rights, remedies or claims which contractor or client may have in respect of such dispute. Once decision is made to go ahead, it becomes increasingly impossible until the case is resolved, to withdraw for both parties, with enormous expenses already incurred toward reaching an out of court amicable settlement. Contractual provisions and probability of relative success should be seriously considered, before embarking. Kind Regards Zahid Syed, ACIArb, ACMI Senior Contracts Manager, Mob: +966556002482

Posted by: Kishan Solanki Thursday, 13 August 2009 8:47 AM[UAE] - UAE

Curretnly, the no. cases taken up for artitration or litigation are like a tip of the iceburg. As per the conditions of Contract generally followed (mostly FIDIC based) in UAE requires certain time to pass for issuing necessary notices before commencing any procceding for dispute resolutions through artibtration or litigations. Most of the contractors in UAE still waiting for general direction from government bodies for amicable solution to get thier money. Most feel that once you commence arbitration proceeding, you will be out of the market (unless you are a big heavyweight contractor with strong loac support). So they would prefer to rather wait & watch. Now considerable time has been elapsed (more than 6 months) for any concrete steps from regulatory authorites, the contractors are beginning to prepare for arbitrationor litigation proceedings. It is always better to keep ready for actions that may be required to get your money after putting your hard efforts. One should not feel bad and afraid to go for arbitration or litigations. To keep or recruit experienced person having techno-commercial accumen with legal eye will help organisations to initiate preventive measure relating to contracts management. Some investment in this direction help organisations to minimise high cost of hiring specialist law firms. Regards Kishan Solanki Contracts Manager Mob 050 7396163, Dubai

Posted by: Durre Sadaf Thursday, 13 August 2009 8:32 AM[UAE] - India

Some one's loss is anothers gain. Such is the way of life.