SYSTECH SOLICITORS LEGAL UPDATE

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University of Edinburgh, whose primary expertise is in Islamic law, and Mr Alissa, an attorney licensed to practice in the KSA. In the judgment, both experts concluded in a joint statement as follows: “Unlike modern Arab legal systems, Sharia does not recognise the concept of time limitation…” In considering time bars, it is also helpful to understand the principles of good faith which is at the core of the UAE Civil Code. Article 246(1) stipulates that a “contract must be performed in accordance with its contents, and in a manner consistent with the requirements of good faith.” Article 246(2) provides that a “contract shall not be restricted to an obligation upon the contracting party to do that which is expressly contained in it.” The principle of good faith could be widely interpreted and require the contracting parties to act in a manner of good faith, which includes the duty not to cause unjustified damage to the other. Article 106 of the Civil Code states that a party will be held liable for unlawful exercise of his rights if the interests desired are disproportionate to the harm that will be suffered by the other party. This suggests refusing a valid claim for extension of time on the grounds that a contractor is time-barred, would be acting in bad faith by the employer and or unlawful as the contractor is likely to suffer harm which is unjustified and disproportionate to the right of receiving notice. Nevertheless, it remains to be seen how the local courts would actually apply Article 95 to construction contracts. Whilst contractors may take away from this article that it would be difficult for an employer to waive a contractor’s entitlement to an extension of time in the UAE by imposing a short notice period, contractors should always, by means of good practice, keep and maintain accurate records and notices to ensure its right of claim is protected. 18 www.systech-int.com
PROTECTING COMMERCIALLY VALUABLE INFORMATION Adam Perry ADAM PERRY Solicitor adam.perry@systech-solicitors.com www.systech-int.com 19 19
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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 and 12: It is a fairly common scenario in t
Page 13 and 14: CHERRY PICKING IN ADJUDICATION Phil
Page 15 and 16: from the responding party from sums
Page 17: When it comes to construction and s
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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