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Is Online Arbitration available under the UAE Law?

Is Online Arbitration available under the UAE Law? Online arbitration covers all stages of arbitration, including the exchange of statements, the several types of hearing and notification. The new UAE Arbitration Law, Federal Law 6/2018), expanded the use of electronic technology in Arbitration. It starts with the use of electronic emails for the purpose of writing the arbitration agreement (Article 7/2).   Arbitrators tend to accept electronic submissions alone with no need for print copies. In order to avoid any unfavourable legal consequences, they tend to get the parties to agree on this approach and/or include it in their first procedural order. Personally, I prefer electronic copies of statements as I can access them anywhere and at any time. I can also search through the documents easily and swiftly.   As for the online hearing, the new law made it clear that online hearing is possible unless it is precluded by the agreement of the parties. Article (28/2) states...
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The legal effect of Covid-19 (Coronavirus Pandemic) on Construction Contracts under UAE Law

During the Covid-19 Pandemic, some construction projects experienced interruptions or slowing in the pace of progress. Others were suspended or terminated. Naturally, the question here becomes about the legal consequences.  Under UAE Civil Law, there are some articles that are helpful. I am quoting them below. Covid-19 may be classified as a force majeure case. It was not foreseeable at the time of making the contract and it affects all our life aspects. If, as a result, all or part of a project is terminated, articles 273 & 893 will apply. The contract will be set aside and the contractor will be entitled to the value of the work which he has completed and the expenses he has incurred in the performance thereof up to the amount of the benefit the employer has derived therefrom. Obviously, the contractor will be entitled to be only paid up to the value of the benefit conferred on the employer . The contractor will not be able to claim compensation for its losses as th...
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Understanding Foreseeability in Construction Contracts

Please click here for the full text of the article.  This article deals with the duty of the building contractors to foresee and mitigate risks that are likely to occur in the course of construction of a project.   To what extent should a contractor “foresee” risks? What is meant by an experienced contractor? How does FIDIC standard forms of contract deal with foreseeability and how is that different/similar to the legal view of such in UK and UAE ?
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Fundamentals of UAE Construction Law

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The court’s supportive role in Arbitration under the law of United Arab Emirates

Full text:  The court’s supportive role in Arbitration under the law of United Arab Emirates
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The Professional Liability of the Legal Advisor

Abstract:  This study deals with the professional liability of the legal advisor. To attain this purpose it starts by distinguishing between a lawyer who represents his client before courts and a mere legal advisor who undertakes the paper work and consultations. This study tries to follow the position of the Jordanian Bar Law as to whether it recognizes this distinction between an agent lawyer and a mere lawyer who submits a legal advice. Moreover, there are particular duties which lie on a lawyer, the question being here whether the wordings of the provisions of the Jordanian Bar Law extend to cover an agent lawyer and a legal advisor. Whenever a legal advisor commits a professional fault resulting in harm to his client, the client becomes entitled for compensation under the general rules of law, in addition to the sanctions imposed by the relevant laws of the profession. For the purpose of determining the legal effect of the professional fault, it is necessary to determine...
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Vicarious performance and Privity in Construction Contracts

Vicarious performance is quite common in construction projects. Vicarious performance refers to the performance of contract or part of it by a third party. It is quite rare for contractors to perform construction contracts without receiving help from specialized subcontractors especially in cases of purpose-built premises such as hospitals, factories, etc. Such projects require diversity of expertise that one contractor rarely acquires. Construction projects are known for their multi-contractual relations. Under the traditional construction procurement, employers start by signing a service agreement with an architect or designing engineer. The latter prepares the drawings, specifications, bill of quantities and any other particular documents. The tender process starts with the help of the engineer who may have a significant role in selecting the right contractor for the project. The employer will then sign a construction contract with the contractor who will likely subcontract part...
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