Real-Estate Arbitration
From off-plan sale disputes and Sale and Purchase Agreements (SPA) to late delivery and master-plan defects — we represent developers and investors and determine real-estate disputes by arbitration, with hands-on case experience in Dubai and Ajman and command of the RERA frameworks and related rules.
What Is Real-Estate Arbitration
A Specialist Mechanism for Resolving Property & Investment Disputes
Real-estate arbitration is an alternative to litigation for resolving disputes arising from real-estate transactions — from off-plan sale and development to delivery and joint ownership — with a binding, enforceable award. The UAE’s rapid real-estate growth, and the multiplicity of parties in a single project (developer, investor, contractor, consultant, escrow account), have made arbitration a practical choice balancing speed, confidentiality and technical and legal specialism.
At its core, the real-estate dispute intersects with the construction dimension: the quality of master-plan execution, the unit’s conformity to the specifications, and late delivery and its impact on the investor. Real-estate arbitration therefore connects with construction arbitration and independent expert reports.
The Heart of the Dispute
The Developer–Investor Relationship
The relationship rests on a delicate balance between obligations matched by rights; once that balance is disturbed, a dispute arises:
Developer’s obligations
Executing the project per the approved master plan, the specifications and the programme; depositing investors’ payments in the escrow account; delivering on time; and transferring title to the end-user.
Investor’s obligations
Paying the instalments per the contract schedule, complying with the off-plan sale terms, and taking delivery of the unit when the handover stage is reached.
Where disputes arise
Late delivery, breach of the specifications or master plan, project stalling, the investor’s default in payment, and disagreement over terminating the SPA and forfeiting payments.
The escrow account
Protecting investors’ payments by linking their release to certified construction milestones, reducing the risk of funds being diverted from the project.
The Sale & Purchase Agreement
The Sale and Purchase Agreement (SPA) and What Arises Around It
The Sale and Purchase Agreement (SPA) is the pivotal document in an off-plan real-estate transaction; it defines the unit, the price, the payment schedule, the delivery date, the parties’ obligations and the dispute-resolution mechanism. In Dubai, off-plan unit sales are registered on the interim property register at the Dubai Land Department through the “Oqood” system, establishing the investor’s interest and preventing the same unit being sold to another party.
Among the most common matters arising around the SPA: late delivery and grace periods, the works’ non-conformity to the approved plan, design changes, the calculation of the completion percentage, and disagreement over payments and deductions on termination. Many of these issues are technical at their root before they are legal — and this is where the value of an expert who combines engineering and the contract appears.
Termination & Arbitration
Termination of the SPA and the Role of Arbitration
The Dubai legislative framework regulates the termination of off-plan unit sales on the investor’s default, through procedures handled by the developer and the Land Department — without, in principle, the need for a prior court or arbitral ruling — with variation in what the developer may retain depending on the unit’s completion percentage. If the project is cancelled by a reasoned decision of the regulator, what was paid by investors must be refunded from the escrow account under the applicable rules.
These procedures do not, however, close the door on dispute: an investor who considers the termination arbitrary or unjustified may resort to the courts or arbitration to challenge it. Here, real-estate arbitration — supported by a technical expert report assessing the completion percentage, conformity to the plan and delivery — is the most suitable forum to resolve the disagreement. For the related claim-building mechanism, see claims preparation.
ⓘ Termination procedures and deduction percentages vary by emirate, completion percentage and the regulatory decisions in force; verification of the updated texts and the rules of the competent body in each case with a UAE-licensed legal practitioner is recommended.
The Regulatory Framework
RERA Frameworks in Dubai and Ajman
Off-plan real-estate transactions in the UAE are subject to the oversight of specialist regulators concerned with registering projects, licensing developers, certifying escrow accounts, monitoring completion and protecting the investor:
Real Estate Regulatory Agency (RERA) – Dubai
The regulatory arm of the Dubai Land Department. It oversees the registration of projects, developers and escrow accounts, certifies completion-percentage standards, and may take corrective measures up to cancelling a project — whereupon what was paid is refunded to investors from the escrow account.
Department of Land & Real Estate Regulation – Ajman (Ajman RERA)
The body competent to regulate and license the Ajman real-estate market, protect consumers, resolve disputes and certify escrow accounts, with an updated framework regulating real-estate investment and contributions.
The Escrow Account & Sale Registration
Linking the release of investors’ payments to certified completion milestones, and registering off-plan sales on the interim register to establish the investor’s interest.
Our Services
The Real-Estate Arbitration Services We Provide
An integrated system covering the real-estate dispute cycle from drafting the arbitration clause to enforcing the award:
Representation in Real-Estate Arbitration
Representing developers, investors and owners in sale, delivery and title disputes before local and international arbitration centres.
Determination as Arbitrator
Appointment as sole arbitrator or tribunal chairman in real-estate disputes, with hands-on case experience in Dubai and Ajman.
Technical Expert Reports Related to the SPA
Assessing the completion percentage, conformity to the master plan and specifications, and late delivery — supporting the claim or defence before the tribunal.
Drafting & Reviewing Arbitration Clauses
Fixing the arbitration clause in sale and purchase agreements and development agreements to avoid nullity and ambiguity.
Support in Termination & Deduction Disputes
Analysing the lawfulness of termination, the deduction percentages and the right to refund payments from the escrow account.
Alternative Dispute Resolution (ADR)
Mediation and negotiation to settle the real-estate dispute before or alongside arbitration, saving time and cost.
How It Proceeds
The Real-Estate 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.
Reviewing/Drafting the Arbitration Clause
Verifying the validity of the arbitration clause in the SPA or development agreement, and determining the centre, rules, seat, language and number of arbitrators.
Filing the Request for Arbitration
Filing the request with the competent centre and the response, and defining the scope of the dispute and terms of reference.
Constituting the Tribunal
Appointing the sole arbitrator or the tribunal, ensuring independence and impartiality, and deciding any challenge.
Evidence & the Technical Expert Report
Exchanging memorials and presenting documents and the expert report assessing the completion percentage, conformity to the plan and delivery — observing the adversarial principle.
Issuing the Award
The tribunal deliberates and issues a reasoned award within the statutory period, stating the reasons for accepting the evidence.
Recognition & Enforcement
Affixing the executory formula and recognising and enforcing the award before the competent authority within the UAE or across borders.
The Expert Report
A Technical Expert Report in the Real-Estate Dispute
In many real-estate disputes the technical expert report is the key to resolution. Our reports cover three core axes:
Assessing the Sale & Purchase Agreement (SPA)
Reading the parties’ obligations, delivery dates, payment schedules and termination terms, and linking them to what was actually executed on the ground.
Master-Plan Execution
Assessing the conformity of what was executed to the approved master plan and specifications, and computing the completion percentage and the impact of any deviation or delay.
Handover to the End-User
Examining the unit’s readiness for handover, its conformity to the specifications and existing defects, and the impact of late delivery on the investor.
These reports are drafted with an explicit statement of independence and a distinction between fact, assumption and opinion — detailed in technical & engineering expert reports.
Documented Practical Experience
Real-Estate Arbitration Cases in Dubai and Ajman
We have handled many real-estate arbitration cases in the Emirates of Dubai and Ajman, spanning Sale and Purchase Agreement disputes, late delivery and master-plan execution, alongside preparing independent technical expert reports submitted before arbitral tribunals. This practical record gives the assessment a depth that goes beyond theory to what actually happens in the arena of the dispute.
About the Expert & Arbitrator
Mohamad Basel Al Najjar — Arbitrator & Accredited Expert
I work as a sole arbitrator and tribunal chairman in Dubai and the wider UAE, with hands-on experience in real-estate arbitration cases in Dubai and Ajman, and in preparing the expert reports related to Sale and Purchase Agreements, master-plan execution and handover to the end-user.
◆ Sole arbitrator, tribunal chairman and accredited expert.
◆ Many real-estate arbitration cases in Dubai and Ajman.
◆ Expert reports on Sale and Purchase Agreements (SPA), master-plan execution and handover.
◆ Conversant with the RERA frameworks in Dubai and Ajman and the UAE arbitration and evidence laws.
◆ Civil engineer and senior project manager.
Related services: Construction Arbitration · Expert Reports · Claims Preparation.
Before You Begin
Questions Parties to a Real-Estate Dispute Ask
Is the arbitration clause in my SPA valid and effective?
We review the clause’s drafting, the centre and rules and the seat; an ambiguous clause may stall or void the proceedings.
The developer is late delivering — what are my options?
We assess the late delivery, grace periods and its impact, and identify the most suitable path: a claim, arbitration, or settlement.
My contract was terminated and my payments deducted — is the termination lawful?
We analyse the lawfulness of the termination, the completion percentage, the limits of deduction and the right to a refund from the escrow account.
Tell us the details of your case so we can guide you precisely. And if you are a party to a real-estate dispute and wish to resolve it by arbitration, do not hesitate to contact us.
Why Choose Us
What Sets Our Real-Estate Arbitration Services Apart
Practical experience in Dubai and Ajman
A record of real-estate arbitration cases and expert reports in both emirates, giving the assessment field depth.
Combining engineering and the contract
Direct understanding of the master plan, specifications and completion percentage, alongside the terms of the SPA.
Command of the regulatory framework
Knowledge of the RERA frameworks in Dubai and Ajman, the escrow account, termination procedures and sale registration.
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 Real-Estate Dispute?
Contact us for a specialist, confidential consultation — a preliminary assessment of the Sale and Purchase Agreement, the arbitration clause, 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. RERA frameworks, off-plan SPA termination procedures and deduction percentages differ between Dubai and Ajman and according to the decisions in force and the completion percentage; verification of the updated texts and the rules of the competent body in each case with a UAE-licensed legal practitioner is recommended. Contact us to discuss your needs.
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