UAE Laws and Islamic Finance

Laws of the UAE and Islamic Finance

Does the UAE need a Technology and Construction Court Similar to the UK and a Unified Construction Law?

 

It would be quite useful for the UAE to develop a separate construction court staffed with construction specialist judges to settle disputes involving construction contracts in the UAE, especially as most of the FIDIC 1999 Red Book does not comply with the UAE law. Such a construction court would expedite the dispute resolution process within a construction process which is cluttered and constrained with deadlines, critical paths, handover dates, etc. In addition, a Federal Unified Construction Code would present to the construction industry a clear and explicit explanation of the laws which they must abide by and to which their contracts must comply. As it stands now, the provisions of UAE construction law are scattered between various laws such as the Civil Procedure Code, the Civil Transactions Law, the Commercial Transactions Law, and the Laws Regarding Procurement with each Emirate and it can be quite difficult to extract and comprehend the law which applies to the construction tender, project, and dispute process.

Please see the below link for the UK model:

http://www.hmcourts-service.gov.uk/infoabout/tcc/index.htm

The Technology and Construction Court The Technology and Construction Court (“TCC”) is a specialist court, which deals principally with technology and construction disputes. The full range of work undertaken by the TCC is set out in CPR Part 60 and the accompanying practice direction.

London The TCC at St Dunstan’s House, 133-137 Fetter Lane, London EC4A 1HD deals with all High Court TCC claims which are brought in London.

Three High Court judges and three senior circuit judges sit regularly at St Dunstan’s House.

Mr. Justice Ramsey is the judge in charge of the TCC and sits in London. He and the other London TCC judges are available to manage and try TCC cases either in London or at any of the regional court centres mentioned below.

The Central London Civil Justice Centre at 13-14 Park Crescent, London W1N 4HT deals with all county court TCC cases in London.

Regional Centres

The court centres outside London at which the TCC principally operates are:

• Birmingham

• Bristol

 • Cardiff

• Chester

• Exeter/Plymouth

• Leeds

• Liverpool

• Newcastle

• Nottingham

• Manchester

At each of these court centres both High Court and county court TCC cases may be issued and tried.

There are full time TCC judges at Birmingham, Manchester and Liverpool.

At the other court centres TCC judges are available but they devote a substantial amount of their judicial time to non-TCC work.

Judges authorised to deal with TCC business are also available at Leicester, Sheffield and Southampton.

However, county court claims cannot be issued at those court centres.

For further information on matters relating to the TCC, please contact the TCC Case Administration Unit 020 7947 7156 or tcc@hmcourts-service.gsi.gov.uk TCC judgments which may be of interest to practitioners are accessible on the Bailii website at http://www.bailii.org/ew/cases/EWHC/TCC/ CPR.

Part 60

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part60.htm

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part60.htm#id4542059

Practice Direction

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part60.htm

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UAE Laws and Islamic Finance

Laws of the UAE and Islamic Finance

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