Author

Marina Gaballah

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The Dubai Court of Cassation has recently issued a judgment that tackles the effect of incorporating arbitration clauses by means of referring to the general conditions of a FIDIC (or the International Federation of Consulting Engineers) contract including the arbitration clause therein. In the case in question, the parties had agreed that the 1987 FIDIC Red Book General Conditions of Contract would govern the transaction. Clause 67 of the 1987 FIDIC Red Book General Conditions…

In brief A recent judgment by the Dubai Courts in favor of a major real estate company in Dubai had set a precedent on how the courts interpret sale and purchase agreements in relation to private islands registered for development. The defense strategy (which was proposed by Baker McKenzie Habib Al Mulla) carried out by the Dubai real estate company (acting as the Seller) and accepted by the courts involved: Registering the sale and purchase…

A recent judgment by the Rental Dispute Settlement Centre (RDC) of the Dubai Land Department has upheld that the dismissal of an employee (also the tenant and Plaintiff in this case) from his job qualifies as an “Exceptional Circumstances” event and therefore, justifies the termination of his lease contact with his landlord (the Defendant). The RDC confirmed in its judgment that a lease contract may be terminated in two cases, either by applying the principle…

Introduction The recent global outbreak of Coronavirus (COVID-19) has resulted to various challenges for many suppliers and counterparties to deliver on their contractual obligations and has prompted an increasing number of claims and notifications to contracting companies. Now more than ever, companies need guidance on the recourses and forms of relief available to them during these unprecedented times. This article provides high level guidance on citing to Force Majeure provisions in contracts as applicable under…

Since the 2008 global financial crisis, the United Arab Emirates (UAE) has taken great care to reinforce confidence in the real estate market. Most recently, the Dubai courts, in particular, have issued a number of landmark judgments that aim to balance the competing interests of developers and buyers, to facilitate the sale and purchase of property in the Emirate, and to keep the market as buoyant as possible in the face of a global economic slowdown.