SYSTECH SOLICITORS LEGAL UPDATE

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• Precautionary Attachment Order – This prevents money from being wrongfully dispersed, so the client will not be able to wrongfully call in a performance bond. There are 2 ways to do this. The bond monies can either be frozen in the contractor’s account (i.e. “pre-call”) or in the client’s account if the order has already been made (i.e. “post-call”). • Performance Order / Incarceration Order – In order for this order to be made the debt has to be uncontested (i.e. there has to be a written acknowledgement that the amount is due), the due date has to have passed, and the debt should be unconditionally payable. The debtor should have been served a demand notice via registered mail giving him no less than 5 days in which to pay up. For this order a summary proceedings is necessary. The judge will then issue a decision within 3 days. Non-compliance with a Performance Order to pay can lead to the debtor being sent to prison. Conclusion It is clear that in any contract, prevention is better than cure. The above are options available to the contractor when payment issues arise, however raising disputes are a last resort. Amicable resolution and remaining within the parameters of the contract are always the best approach. Caution must be taken before considering the application of provisions of the Civil Code and parties should seek local law advice. The local courts of the UAE are not always at ease with the complex nature of international construction contracts and, as such, the results of what may on paper seem a straightforward action can often be quite the opposite. 12 www.systech-int.com
CHERRY PICKING IN ADJUDICATION Phil Gazzola PHIL GAZZOLA Solicitor phil.gazzola@systech-solicitors.com www.systech-int.com 13
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Page 3 and 4: CONTENTS 4 7 10 13 16 19 22 26 John
Page 5 and 6: The first question to ask is: is re
Page 7 and 8: CLIENT’S GUIDE TO ENFORCING ARBIT
Page 9 and 10: virtually any matter can be argued
Page 11: It is a fairly common scenario in t
Page 15 and 16: from the responding party from sums
Page 17 and 18: When it comes to construction and s
Page 19 and 20: PROTECTING COMMERCIALLY VALUABLE IN
Page 21 and 22: can be fiercely negotiated and rang
Page 23 and 24: The SICC confirms Singapore as a Di
Page 25 and 26: Summary While arbitration as an alt
Page 27 and 28: The question as to whether the Sing
Page 29 and 30: Systech Solicitors offers a truly u

SYSTECH SOLICITORS LEGAL UPDATE

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