Arbitration in Construction Contracts
Engineering arbitration is essential to resolving any problem that confronts construction projects and works. Relying on non-specialists can lead to unwelcome outcomes and lost rights. We provide representation and determination in construction, commercial and real-estate disputes before the major arbitration centres, with expertise that brings engineering, construction law and arbitration to one table.
Why Arbitration in Contracting
Fast-Moving Infrastructure Demands International-Grade Contracts and Dispute Mechanisms
In recent years the UAE has seen major economic and commercial growth, with extensive infrastructure development and new horizons of urban expansion and international trade. Keeping pace with this rapid development required appropriate foundations and standards — chief among them developing engineering and construction contracts in line with the international contracts recognised across many countries.
This runs through raising awareness of the essential terms and clauses a contract contains to protect its parties and preserve their rights, with an emphasis on including a clause providing for arbitration as the means of resolving disputes when they arise. Engineering arbitration thus becomes essential to resolving any problem confronting projects — especially as reliance on non-specialists can lead to unwelcome outcomes.
The Advantages
Benefits of Engineering Arbitration
Engineering arbitration plays an essential role in resolving construction disputes, for reasons hard to secure in traditional litigation:
Wider time for hearings and study
The time allotted for hearings and their study in arbitration far exceeds what a court can allocate, allowing deeper examination of complex technical issues.
Greater opportunity to present positions
Arbitration gives the parties wider scope to present their technical and contractual arguments and evidence in full.
The arbitrator’s direct access to information
Ease of the arbitrator reaching any source of information needed — and the site, documents and experts where appropriate.
A technically specialised arbitrator
Hearing the dispute before an arbitrator who understands engineering, construction law and programmes, so the technical reality is not lost in translation.
Confidentiality
The details of the dispute and the parties’ names remain away from publicity, protecting commercial reputation and future relationships.
Enforceability locally and internationally
Arbitral awards are recognised and enforced within the UAE and across borders under the applicable frameworks, including cross-border disputes.
“We recognise the importance of engineering arbitration in resolving disputes in the engineering fields and the construction sector, and its adoption as an effective means of dispute resolution.”
Who We Are
Expertise Combining Engineering, Construction Law & Arbitration
We have built our experience in construction law, civil engineering and contracts of all kinds, alongside practical experience in resolving disputes arising from FIDIC contracts and contracting contracts through arbitration. We offer an integrated suite of arbitration services — real-estate, engineering and commercial — under the arbitration laws of the UAE and the Emirate of Dubai, as well as the rules of the major arbitration centres in the country and its tribunals.
We represent companies, institutions and individuals in commercial, construction, real-estate, corporate and cross-border disputes. Our services rest on precise knowledge of UAE legislation — including the Commercial Transactions Law, the Evidence Law, and the Arbitration Law and proceedings before local and international centres — making us a trusted choice for those seeking an engineering expert and arbitrator, sole arbitrator or tribunal chairman in Dubai and the wider UAE. This work connects with claims preparation and independent expert reports.
Centres & rules we work under
DIAC – DubaiICCLCIAUNCITRALSharjah centreAjman centreRas Al KhaimahUAE arbitration laws
Our Services
The Arbitration Services We Provide
An integrated system covering the dispute cycle from drafting the arbitration clause to enforcing the award:
Representation in Local & International Arbitration
Representation before DIAC, ICC, LCIA and UNCITRAL, and before the arbitration centres in the Northern Emirates (Sharjah, Ajman and Ras Al Khaimah) and other major arbitral institutions.
Managing Arbitration-Related Actions Before the Courts
Following the supporting judicial proceedings — from interim and precautionary orders to actions for nullity, recognition and enforcement.
Alternative Dispute Resolution (ADR)
Providing alternative settlement services — mediation, negotiation and expertise — saving time and cost before or alongside arbitration.
Drafting & Reviewing Arbitration Clauses
Drafting and reviewing arbitration clauses and dispute-settlement agreements to ensure their strength and effectiveness and avoid nullity or ambiguity of the clause.
Integrated Support Across Sectors
Support in commercial, construction and real-estate cases, joint-venture (JV) disputes and the government sector, through experience in general, commercial, real-estate and government-project arbitration.
How It Proceeds
The Arbitration Stages — From the Clause to Enforcement
Six sequential stages take the dispute from the arbitration agreement to an enforceable award, respecting the right of defence, equality and the adversarial principle at every step.
Reviewing the Arbitration Clause/Agreement
Verifying the validity and drafting of the arbitration clause, and determining the centre, rules, seat, language and number of arbitrators — or drafting the clause afresh when preparing the contract.
Commencing Proceedings & Filing the Request
Filing the request for arbitration with the competent centre (e.g. DIAC) and the response, and defining the scope of the dispute and the terms of reference.
Constituting the Tribunal
Appointing the sole arbitrator or the tribunal, ensuring independence and impartiality, and deciding any challenge or appeal.
Exchange of Memorials, Evidence & Hearings
Exchanging memorials, presenting documents and witness and expert evidence, and holding hearings — observing the right of defence, equality and the adversarial principle.
Issuing the Award
The tribunal deliberates and issues a reasoned award within the statutory period, stating the reasons for accepting or rejecting the evidence.
Recognition & Enforcement
Affixing the executory formula, and recognising and enforcing the award before the competent authority within the UAE, or across borders in international disputes.
About the Expert & Arbitrator
Mohamad Basel Al Najjar — Accredited Engineering Expert & Arbitrator
I work at the intersection of engineering, construction law and arbitration in the UAE construction sector, as a sole arbitrator and tribunal chairman in Dubai and the wider UAE. This blend of technical specialism and legal command allows the construction dispute to be understood from its engineering roots through to its contractual and financial impact.
◆ Accredited engineering expert and arbitrator — sole arbitrator and tribunal chairman.
◆ Experience in construction law, civil engineering and contracts of all kinds.
◆ Resolving disputes arising from FIDIC and contracting contracts through arbitration.
◆ Conversant with the UAE Commercial Transactions, Evidence and Arbitration laws.
◆ Representing companies, institutions and individuals in commercial, construction, real-estate and cross-border disputes.
◆ Civil engineer and senior project manager.
Related services: Real-Estate Arbitration · Commercial Arbitration · Claims Preparation.
Before You Begin
Questions Contracting Parties Ask Before Arbitration
If you are drafting a contract or facing a current dispute, these are the issues we most often clarify in the first consultation:
How is a valid arbitration clause drafted in construction contracts?
An ambiguous or deficient clause may be void or stall the proceedings; we fix the centre, rules, seat, language and number of arbitrators with tight drafting.
What is the difference between arbitration and going straight to the courts in contracting?
Arbitration excels through technical specialism, confidentiality, flexibility and the time allotted for study, against the features of general litigation before the courts.
What are the steps to enforce an arbitral award in the UAE?
From affixing the executory formula and recognising the award before the competent authority, through to enforcement within the country or across borders in international disputes.
Tell us the details of your case so we can guide you precisely. And if you are a party to a dispute and wish to resolve it by arbitration, do not hesitate to contact us.
Why Choose Us
What Sets Our Arbitration Services Apart
An arbitrator with an engineering background
Direct understanding of programmes, the critical path and quality of execution, so technical precision is not lost in legal translation.
Command of UAE legislation
Knowledge of the arbitration, evidence and commercial-transactions laws, and the rules of local and international centres.
Multi-sector coverage
Construction, commercial and real-estate arbitration, JV disputes, the government sector and cross-border disputes.
From the clause to enforcement
Continuous support that begins with drafting the arbitration clause and ends only with recognition and enforcement of the award.
Contact Us
Facing a Dispute in a Contracting Contract?
Contact us for a specialist, confidential consultation — a preliminary assessment of the arbitration clause in your contract, the nature of the dispute, and the most suitable path to resolve it.
Note: This content is provided for general professional guidance only. It does not constitute binding legal advice in any live dispute, nor does it create a retainer. Each case is subject to the rules of the centre, the seat and the applicable law; verification of these in each engagement is recommended. Contact us to discuss your needs.
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