Construction Claims Construction Claims | Management Issues, Common Type of Claims Construction Claim can be defined as a request by either party to the contract, usually the Contractor, for compensation for damages caused by failure of the other party to fulfil his part of obligations as specified in the contract. The compensation is usually in …
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Applicable Law Applicable law in UAE What is Applicable Law is? When questions of procedure are settled, the principal task of any arbitral tribunal is to establish the material facts of the dispute. It does this by examining the agreement between the parties, by considering other relevant documents (including correspondences, minutes of meetings and so …
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Arbitration Institutions Historically, parties preferred litigation and were generally reluctant to use arbitration. This was particularly because some uncertainty that was considered to surround the enforcement of arbitral awards. Although there is still a degree of uncertainty regarding enforcement, local courts are now generally more familiar with the arbitration process and more willing to recognise …
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International Arbitration What Is International Arbitration? International arbitration is similar to domestic court litigation, but instead of taking place before a domestic court it takes place before private adjudicators known as arbitrators. It is a consensual, neutral, binding, private and enforceable means of international dispute resolution, which is typically faster and less expensive than domestic court proceedings. The use of international arbitration has evolved to allow parties …
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Arbitration Clause and Agreement Agreement to Arbitration Arbitration are creatures of contract. Thus, the parties can shape an arbitration proceeding to a great extent in their arbitration agreements. I have arbitrated dozens of cases as a sole arbitrator or as an arbitration panel chair or panel member. My experience from that is that well-drafted arbitration …
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