29 May 2007

The SCL Protocol in UAE - Time for something new?

David Dale of Warner and Nick Carnell of Kennedys gave talks on the use and abuse of the SCL Protocol in the UAE, whether it is really suitable for the needs of this market, and made some suggestions for the future. Their papers are available to members, by clicking on the 'papers' link above.

15-17 October 2006

International Conference in Singapore

Between 15th and 17th October 2006, the SCL (Singapore) hosted an international conference on construction issues, and the SCL(UAE) was one of the supporting organisations. The conference was attended by over 170 delegates, including a number of members of the SCL(UAE). The conference sessions included one on the Middle East , which was chaired by Richard Harding, and the speakers were Michelle Nelson, Michael Grose and Peter Shaw. The papers they delivered will be available on this website. There was considerable interest from those based in the Far East in what was happening in the Gulf and in the UAE in particular. There are plans for there to be an international SCL conference every two years, and the SCL(UAE) is committed to taking a full part in these events.

Monday 24th July 2006

“The DIFC Courts - jurisdiction and arbitration
with specific reference
to banking and construction disputes”

On Monday 24 July 2006, the Society of Construction Law (UAE) and the Chartered Institute of Arbitrators (Dubai branch) jointly hosted an event at which the speaker was Sir Anthony Evans, the Chief Justice of the DIFC Court.

By virtue of his position, Sir Anthony is ideally placed to provide an insight into the likely role and function of the DIFC Court, the specific details of which have previously remained rather elusive given its infancy.

Sir Anthony outlined the legal framework of the DIFC, including details of its enabling decrees, its administrative bodies, the Court and the Arbitration Law (which also makes reference to a Dispute Resolution Scheme).

We learnt that an arbitration centre was to be established in the DIFC, under the administration of the Court Registrar. It was suggested that the Dispute Resolution Scheme may include provision of a mediation service. This, in addition to the Court, represents a complete suite of judicial and dispute resolution services within the DIFC.

The inevitable question was the jurisdiction of these dispute resolution services. Sir Anthony addressed the issue of whether only those having a legal or substantive connection with the DIFC could benefit from its services. It would seem that this is (and will continue to be) the case with the Court, however, the arbitration centre will be like any other arbitral institute, with its services on offer to parties anywhere (whether domestic or foreign to the DIFC and/or the UAE). This will thus be the second arbitration centre in Dubai, after the Dubai International Arbitration Centre.

A transcript of Sir Anthony's talk is being prepared and will be available to members on the SCL (UAE) website.

Tuesday 30th May 2006

“Time and Money”

On Tuesday 30th May, over 100 members and guests of the SCL (UAE) attended a meeting at the API Auditorium to hear talks and a question and answer session on the topic of 'Time and Money'. Richard Harding, from Keating Chambers, spoke on making and defending claims for liquidated damages, and Steven Hunt and Mark Blanksby, from Masons Galadari, spoke on contractor's loss and expense claims. The talks were detailed, informative and very well received. The papers to go with these talks are well worth reading, and are available to members, from this site.

INAUGURAL MEETING

Sunday 26th March 2006

Tendering & Risk in the UAE”

On Sunday 26th March 2006, the Society of Construction Law (UAE) held its inaugural meeting at the Fairmont Hotel in Dubai. It was attended by nearly 200 guests, who heard talks on identifying risks and managing those risks, from Peter Shaw of Key & Dixon and Michael Grose of Clyde & Co. These talks were extremely informative and well received. The papers have been published on this website, but are available only to paid-up members of the Society.

Following the talks there was a question and answer sessions involving an invited panel consisting of David Dale of Nakheel, Guy Elkington of EC Harris, Abdul Rahim Al-Khawaja of UNEC and Jubeir Shamte of Dubai Properties, and chaired by Richard Harding from Keating Chambers. Their thoughtful answers to some stimulating questions provided further insight into the issues concerning the construction industry in relation to tendering.