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Book
1 online resource (424 pages)
Construction Law in the United Arab Emirates and the Gulf is an authoritative guide to construction law in the United Arab Emirates and the Gulf. The principal theme is the contrast between construction law in an Islamic civil law jurisdiction and construction law in a common law jurisdiction. the first authoritative text on the application of the laws of the UAE extensive extracts from the region's applicable laws, all translated from Arabic, and hundreds of judgments of the most senior courts used to back up the analysis provided.
(source: Nielsen Book Data)9781119085966 20180129
Book
1 online resource.
  • About the Author xi Preface xiii 1 Overview 1 1.1 Basis of government 2 1.2 Division of powers in the UAE 2 1.3 Islamic Shariah 4 1.4 Civil law 6 1.5 Domestic courts 8 1.6 Financial free zones 10 2 Construction Law 13 2.1 Muqawala 14 2.2 Commercial and civil contracts 15 2.3 Delict (tort) 18 2.4 Public procurement 20 2.5 Administrative contracts 23 3 Contract Formation 25 3.1 Components of a valid contract 25 3.2 Offer and acceptance 26 3.3 Certainty 28 3.4 Mutual intentions 32 3.5 Capacity 33 4 Interpretation 35 4.1 Statutory maxims 35 4.2 Intentions 36 4.3 Resolution of ambiguity 39 4.4 Absence of express terms 39 5 Contractual Principles 41 5.1 Binding obligations 41 5.2 Mandatory obligations 43 5.3 Third parties 46 5.4 Subcontractors 48 5.5 Good faith 49 5.6 Related obligations 50 5.7 Abuse of rights 52 5.8 Unfair contract terms 53 5.9 Unforeseen circumstances 54 6 Health, Safety and Welfare 59 6.1 Construction safety 59 6.2 Design and management responsibilities 65 6.3 Welfare 66 6.4 International Labour Organisation 68 6.5 Inspection and reporting 69 6.6 Sanctions and penalties 71 7 Design and Supervision 81 7.1 Duty of care 82 7.2 Obligation of result 84 7.3 Standard of care 87 7.4 Defences 88 7.5 Statutory duties 89 7.6 Compensation 91 7.7 Joint liability 91 8 Defects 95 8.1 Materials 95 8.2 Workmanship 97 8.3 Statutory duties 98 8.4 Remedies 100 9 Decennial Liability 103 9.1 Statutory sources 104 9.2 Strict liability 106 9.3 Contractual status 107 9.4 Compensation 109 9.5 Mitigating decennial liability 110 9.6 Public projects 112 10 Physical Damage and Personal Injury 115 10.1 Delict 115 10.2 Criminal damage 116 10.3 Presumed liability for property damage 117 10.4 Inherent danger (nuisance) 118 10.5 Service lines and public utilities 120 11 Time for Completion 123 11.1 Agreement 123 11.2 Extension of time 125 11.3 Assessment of entitlement 125 11.4 Time at large 129 11.5 Concurrent delay 130 11.6 Prolongation costs 135 12 Delay Damages and Other Remedies 137 12.1 Termination for delay 137 12.2 Reducing delay damages 138 12.3 Increasing delay damages 142 12.4 Administrative contracts 143 13 Price 147 13.1 Formation of a contract 147 13.2 Fair remuneration: Contractor 148 13.3 Fair remuneration: Consultant 150 13.4 Supply contracts 151 13.5 Lump sum and remeasure contracts 151 13.6 Variations 152 13.7 Subcontracts 153 13.8 Public procurement in the UAE 154 14 Payment 157 14.1 Payment on delivery 157 14.2 Payment certificates 159 14.3 Subcontracts 159 14.4 Conditional payment clauses 160 14.5 Bank guarantee 163 14.6 Cheque 165 15 Interest 167 15.1 Riba and usury 167 15.2 Statutory right 169 15.3 Fixed or crystallised debt 170 15.4 Interest in the UAE 172 15.5 Interest under the FIDIC Conditions 172 15.6 Financing charges 173 16 Suspension 175 16.1 FIDIC Conditions 175 16.2 Statutory right of suspension 176 16.3 Excluding the right of suspension 177 16.4 Formalities 178 17 Termination 179 17.1 Termination of an innominate contract 179 17.2 Termination of a muqawala: Employer 183 17.3 Termination of a muqawala: Contractor 184 17.4 Consequences of termination 187 17.5 Impossibility and force majeure 188 18 Self -help Remedies 191 18.1 Retention of ownership 191 18.2 Possessory lien 193 18.3 Priority right 196 18.4 Direct payment 197 18.5 Set off 198 19 Damages 201 19.1 Performance by compulsion 201 19.2 Entitlement to damages 203 19.3 Assessment of damages 204 19.4 Global claims 206 19.5 Loss of profit 207 19.6 Consequential and indirect loss 209 19.7 Mitigation 211 19.8 Limitation of liability 212 20 Evidence 215 20.1 Burden of proof 215 20.2 Documents 216 20.3 Disclosure and production 216 20.4 Witness testimony 218 20.5 Court appointed experts 219 20.6 Conclusive findings of fact 221 21 Prescription 223 21.1 Islamic Shari ah 223 21.2 Commercial obligations 224 21.3 Civil obligations 225 21.4 Restriction on amendment 226 22 Litigation 229 22.1 Court structure 229 22.2 International jurisdiction 233 22.3 Jurisdiction between emirates 234 22.4 Commencement of proceedings 235 22.5 Proceedings against the government 237 22.6 Summary actions 238 22.7 Mediation and adjudication 242 23 Enforcement 245 23.1 Procedure 245 23.2 Appeal 247 23.3 Enforcement outside the jurisdiction 248 24 Arbitration 253 24.1 Right to arbitrate 253 24.2 Treaty arbitration 256 24.3 Validity of an arbitration agreement 257 24.4 Capacity to agree 260 24.5 Jurisdiction and powers 264 24.6 Procedures and formalities 267 24.7 Challenging an arbitrator 272 24.8 Enforcement of domestic awards 273 24.9 Enforcement of foreign awards 278 24.10 New York Convention 280 25 Key Features and Differences 285 25.1 Key features of Islamic civil law 285 25.2 FIDIC Conditions 288 25.3 Gulf states contrasted 289 Commentary: FIDIC Conditions 293 Glossary 387 Index 391.
  • (source: Nielsen Book Data)9781119085935 20170313
Construction Law in the United Arab Emirates and the Gulf is an authoritative guide to construction law in the United Arab Emirates and the Gulf. The principal theme is the contrast between construction law in an Islamic civil law jurisdiction and construction law in a common law jurisdiction. the first authoritative text on the application of the laws of the UAE extensive extracts from the region's applicable laws, all translated from Arabic, and hundreds of judgments of the most senior courts used to back up the analysis provided.
(source: Nielsen Book Data)9781119085935 20170313
Book
173 pages : illustrations ; 25 cm
Justice, Administration of; United Arab Emirates; history; 1890-1971.
SAL3 (off-campus storage)
Book
132 pages ; 25 cm.
Law Library (Crown)
Journal/Periodical
v. ; 25 cm
  • Constitutional law of the U.A.E.
  • Corporations, partnerships, and other business entities
  • Securities and capital markets
  • Financial institutions
  • Labor and employment laws
  • Real property
  • Insurance
  • Intellectual property law
  • Environmental law
  • Litigation in the U.A.E.
  • Bankruptcy
  • Other matters : U.A.E. tax law : U.A.E. Shari'a law : U.A.E. currency regime : Appendices.
Law Library (Crown)
Book
xxxviii, 848 p. : forms ; 24 cm.
  • INTRODUCTION AND OVERVIEW-- BRIEF COUNTRY OVERVIEW-- IP LEGISLATION - PAST AND PRESENT-- INTERNATIONAL CONVENTIONS-- GOVERNMENT AUTHORITIES DEALING WITH IP-- THE LEGAL FRAMEWORK-- THE CONSTITUTION-- THE COURTS-- THE JUDGES-- RELEVANT COURT RULES AND PROCEDURES-- LAWYERS AND LEGAL EDUCATION-- LEGAL RESOURCES -- TRADE MARKS-- SEARCHING AND DUE DILIGENCE-- REGISTRATION-- CANCELLATION-- COUNTERFEITS AND TAKING ACTION AGAINST INFRINGEMENT-- LICENSING-- ASSIGNMENT-- OTHER ISSUES-- COPYRIGHT-- OVERVIEW-- CREATION AND OWNERSHIP-- REGISTRATION-- INFRINGEMENT-- LICENSING-- ASSIGNMENT-- OVERLAP WITH OTHER IP-- OTHER ISSUES-- DESIGNS-- OVERVIEW-- CREATION AND OWNERSHIP-- REGISTRATION-- INFRINGEMENT-- LICENSING-- ASSIGNMENT-- OVERLAP WITH OTHER IP-- OTHER ISSUES-- PATENTS-- OVERVIEW-- INVENTION AND OWNERSHIP-- REGISTRATION-- INFRINGEMENT-- LICENSING-- ASSIGNMENT-- OVERLAP WITH OTHER IP-- OTHER ISSUES-- LOOKING FORWARD.
  • (source: Nielsen Book Data)9780195370164 20160528
The GDP of the United Arab Emirate's (UAE) economy is reported to have grown 35% in 2006, making it one of the fastest growing economies in the world. This has attracted unprecedented levels of foreign investment, which has resulted in efforts to bring its intellectual property laws into line with international standards. However, reliable copies of the IP laws and regulations of the UAE (which are written in Arabic) can be difficult to obtain, much less understand, for most Western attorneys. Quality English translations, interpretations of the law, and commentaries on practice are almost non-existent. Intellectual Property Law and Practice of the United Arab Emirates is the first book to address these problems by providing reliable copies of the Arabic laws and regulations, intelligent translations of them, and a discussion of issues arising in the application and practice of the law. This book will give practitioners the ability to better assess the IP problems they face and to devise the best possible strategic solutions.
(source: Nielsen Book Data)9780195370164 20160528
Law Library (Crown)
Book
xii, 414 pages ; 25 cm.
  • Introduction
  • Commercial transactions cases
  • Civil procedure cases
  • Maritime/transport cases
  • Banking cases
  • Insurance cases
  • Arbitration cases
  • Jurisdiction cases
  • Intellectual property cases
  • Tort
  • Miscellaneous.
United Arab Emirates Court of Cassation Judgments provides, for the first time in any language, summaries of key decisions of the Courts of Cassation (Supreme Courts) of Dubai and Abu Dhabi in the United Arab Emirates from 1998 - 2003. These decisions concern questions of jurisdiction, conflict of laws, banking, insurance, maritime law, arbitration and commerce in general and will be of major relevance and interest to all entities (and their legal advisors) doing business in and with the United Arab Emirates.
(source: Nielsen Book Data)9789004140394 20170515
Law Library (Crown)
Book
ix, 344 p. ; 25 cm.
Law Library (Crown)
Book
98 p. ; 24 cm.
SAL3 (off-campus storage)
Book
v, 399 p. ; 24 cm.
Law Library (Crown)
Journal/Periodical
v. ; 23 cm.
Law Library (Crown)