Cassation Court Rules That Expert Determination In A Construction Dispute Is Not Enforceable

Introduction

The GCC area has witnessed an increase in the dependence on alternative dispute resolutions in the last decade, particularly in the construction industry. Arbitration remains the most prevalent method.

However, due to the adoption of certain standard contracts such as the FIDIC suite of contracts, multi-tier dispute resolution mechanisms have been introduced and are frequently adopted for large and mega construction projects throughout the region.

In the UAE, the courts have gradually and increasingly embraced arbitration, although, the courts continue to scrutinize strictly adherence to certain procedural matters dealing with arbitral proceedings which would readily lead to the setting aside of the award.