Comprehensive Project Coursework Example | Topics and Well Written Essays - 1500 words

Comprehensive Project - Coursework ExampleThis provides a backup measure to strain the holes in the federal statutory codes when resolving a dispute. In the UAE, moves do non keep an story of eggshells gone to trial or decisions from those cases for building on previous case law. Building on case law benefits the person seeking relief from the courts as there is at least one some other person who in a similar situation received a ruling in their favor. font law would then support the argument made in the new case and provide a standard of proof necessary to make the original argument. In the UAE, this does not happen so each case must present with sufficient evidence and on its own merits before a figure. adjudicate have no expectation to render a decision based on previous decisions, meat there is no precedent set asideside of relying on the civil codes. Simply put, a judge can base his decision solely on the facts of the case in front of him and make a decision that is contrary to other decisions he or other judges have made in similar situations. For a contractor seeking relief in the UAE, understanding the civil codes and the federal laws is the beat out manner of protecting oneself. In the UAE Civil impartiality no. 2 of 1987 (the civil code) articles 870 to 896 specifically, provides the efficacious framework for the construction industry (Beamish, 2). The codes explain the expectations of both parties and the manner to find resolution without relying solely on a decision from the courts. In commercial transactions involving a contract, it is necessary for all parties to understand the consequence this document has in their business dealings including the limitations of their agreement (Coburn). More importantly, both parties must understand what racecourse of action is valid for them to undertake to ensure fulfillment of the contract including when one party will not pay for services rendered or materials provided. The UAE Commercial Tra nsaction Law no. 18 of 1993 (the CTL), articles 6 and 11spell out the criteria required to become a party to a construction claim (Al Tammi & Company, 1). By familiarizing oneself with the statutes is the opera hat manner to understand the elements a contract should contain and what course of action to take, such as arbitrament and a mechanics lien when the other party refuses to pay for services and materials (Al Tammi & Company, 1). The Civil Procedure Law of 1992 (the CPL) articles 203-219 specifically discusses the use of arbitration and the manner in which the arbitral awards are authenticated (Al Tammi & Company, 1). The amount of rent-free contractors in the UAE has increased in recent years costing hundreds of millions of dirhams to hundreds of millions of US dollars (Delmar-Morgan). These cases had been clogging up the court systems when arbitration of these cases became popular. Now, the arbitration cases have increased to a point where it is difficult to tend to the cl ients needs in a timely manner. These are not cases of a couple hundred or thousands of dollars or dirhams but millions. One case involving British consultants and engineers who were never paid equaled $636 million (Delmare-Morgan). WS Atkins, a connection that designed Burj Al Arab waited for payment of $39.7 million (Delmar-Morgan). Through the arbitration process, WS Atkins expected payment by the basic quarter of the next year, yet WS Atkins continued to wait for