Introduction
Arbitration agreements are commonplace in construction contracts
throughout the UAE and across the wider Middle East region. This is
especially so in circumstances involving a foreign entity (or local
branch of a foreign entity) or a foreign subject matter, whereby
arbitration is now the preferred method of dispute resolution for
the majority of contracting parties.
In addition, the ability of the parties to choose members of the
arbitral tribunal is seen as a key factor in construction
arbitrations, as it allows the parties to include not only legal
experts but technical experts as well. This is particularly
important given that the nature of the majority of construction
disputes includes a technical aspect, be that in relation to
extensions of time, variations and/or delays.