Dubai Chambers reviews dispute resolution mechanisms in the construction sector

Dubai (Etihad)
Dubai Chambers recently organized a symposium on construction contracts and disputes, in which about 50 representatives of contracting and construction companies operating in the emirate participated, with the aim of enhancing knowledge and legal culture regarding the best practices and mechanisms adopted globally for contracting and resolving disputes in this vital sector.
The virtual symposium addressed the main issues facing parties to construction contracts, and mainly reviewed the use of the provisions of the standard contract forms issued by the International Federation of Consulting Engineers (FIDIC), and the legal amendments introduced therein, related to the settlement of potential disputes.
The International Federation of Consulting Engineers (FIDIC) works to develop international standards for the construction sector, including contract models, which have become known as FIDIC contracts.
In light of their widespread adoption globally, these contracts are also used in the UAE.
It is a common practice for parties to construction contracts in the country to draft agreements specifically based on the terms of FIDIC contracts in accordance with the local laws of the UAE.
Mohammed Ali Rashid Lootah, Director General of Dubai Chambers, said: As part of our ongoing efforts to enhance the mechanisms of doing business in Dubai and encourage the adoption of best international practices, we continue to empower companies operating in the emirate by providing comprehensive legal information about the most prominent legislation and regulatory changes affecting all sectors. Based on our role in supporting business interests in Dubai, we are keen to provide the necessary legal guidance to companies, which contributes to the growth of their business and activating their role in the local economy.
The objectives of the symposium were to help companies understand the application of approved laws and dispute arbitration mechanisms to ensure that they benefit from the new opportunities provided by amendments to the provisions of the standard contract forms issued by the International Federation of Consulting Engineers.
The symposium was moderated by James Harbridge, Partner and Head of the Engineering and Construction Department at Hadif & Partners law firm, and a partner in the dispute resolution team specializing in construction arbitration and litigation procedures.
During the symposium, common issues related to construction contracts and steps for arbitration in disputes were discussed. It focused in particular on incorporating the terms of FIDIC contract models into construction contracts in the UAE, and amending these terms to achieve the desired goals of contract parties, best practices in managing disputes, saving money, and achieving the goals of courts and arbitrators.

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