THE THE D DUBAI BAI I INTE TERNATI TIONAL AL FINANCIAL CENTER ( FINANCIAL CENT ER (DIFC) DIFC) CO COUR URTS S AND AND ITS’ AP IT ’ APPLIC LICATION IN T ION IN THE E CONSTR CO NSTRUCTI UCTION I N INDUSTR NDUSTRY AND Y AND DISPUT DIS PUTE RES E RESOL OLUT UTION OF U ION OF UAE? AE? Ca Can t n the D he DIF IFC b C be a e a Cons Constru ruct ction ion Law Cou La w Court? ? MONIF L MONIF LOUT OUTFY FY 20 2012
ABSTRACT ABSTRA CT Submitted to obtain Approval and Permission to proceed in preparing dissertation as part of the requirements of Principles of Research studied and explored, Type of research looked at and examined during the research methods course, that best suits this research. United Arab Emirates (UAE) - Dubai International Financial Center (DIFC) Court in comparison with the United Kingdom (UK)-Technology and Construction Court (TCC) and whether the former could suit as a construction law court . Methods - Techniques Questions -Answers –Comparison 1/30/13 UCLAN-Monif Loutfy 1
INT INTRODUC ODUCTION – ION –AIMS AIMS 1/30/13 UCLAN-Monif Loutfy 2
BACK BA CKGR GROUND-DIFC DIFC PUR PURPO POSE SE Transactions Independent that will be manner as conducted in per DIFC the DIFC laws and operations regulations Legal The DIFC has Jurisdiction of its own London choice -English Chamber of language- International Common Law - Arbitration International (LCIA) Judges 1/30/13 UCLAN-Monif Loutfy 3
REVIEW REVIEW OF OF LIT LITERA ERATURE- URE- ANS NSWER ER RES RESEA EARCH QUES QUESTIONS IONS 1/30/13 UCLAN-Monif Loutfy 4
STRUCTURE Dubai i DIF IFC Fin inancia cial l Judicia icial l DIFC A Autho hority ( (DIFCA) A) Service ices s Authorit ity Authorit ity (DIF IFC (DFSA) (D Courts) s) DIF IFC Policies and Grants Responsible oversees the licenses and for the strategic regulates the administration development, activities of of laws and operational financial regulations for management services non-financial and conducted services administration through DIFC. 1/30/13 UCLAN-Monif Loutfy 5
DIFC DIFC C COUR URTS Design Functions Fu 1. Companies Law English 2. Contract Law Resolve commercial 3. Arbitration Law financial Independent 4. Insolvency Law Disputes law : 5. Data Protection Law insurance, 6. Collective Investment Provisions of the Law International shipping, DIFC laws and standards 7. Investment Trust Law regulations It has energy and 8. Single Family Office 9. Special Purpose construction Jurisdiction over Company Regulations civil and Certainty 10. Payment Systems commercial matters 11. Settlement Finality Law 12. Preferential Creditor No jurisdiction Flexibility over criminal 13. Regulations, matters. 14. Strata Title Law 15. Trust Law Efficiency 1/30/13 UCLAN-Monif Loutfy 6
LEG LEGIS ISLA LATION ION, , RULES ULES AND ND LA LAWS The DIFC Laws and Regulations are Developed : • Non financial :Employment, DIFC Authority Companies, Commercial, Real Estate (DIFCA) laws Dubai Financial • All financial and ancillary services Services Authority within the DIFC . (DFSA). 1/30/13 UCLAN-Monif Loutfy 7
JUDGMENT JUDG MENTS & ORDERS & ORDERS-C -COURT OURT STR STRUCTU CTURE Court o of Ap Appeal . • Civil or commercial cases and disputes arising from or related to a contract in the DIFC 1. Power to enforce 2. Orders and Awards First Instance 3. Execution by Dubai • Four Judges, one of whom shall Courts be the Chief Justice Small Claims Tribunal • claim is less than AED 100,000 • with very simple procedures and process and reasonable fees 1/30/13 UCLAN-Monif Loutfy 8
TE TECHN CHNOLOGY AN Y AND CO CONSTR STRUCTI CTION CO COUR URT Queen's Bench Division Supports Senior Courts of technology England and Wales. and Advancing The Technology and Construction Crown Court Court of Appeal, High Court of Justice, Court (TCC) • Field of construction and technology disputes • Professional Negligence • IT disputes Jurisdiction • Enforcement of adjudication decisions and challenges to arbitrators’ decisions. The • Allegations of lawyers’ negligence arising in connection with planning, property, construction and other technical disputes . TCC Claims • Technically complex issues or questions 1/30/13 UCLAN-Monif Loutfy 9
RATIONALE AND AIMS RA IONALE AND AIMS OF RES OF RESEAR EARCH Research Difficulties local aims to Traditional TCC was courts reduce the initially set time and in UK to procedures overlook applied during Requires such aspects a dispute in special construction Type of industry- based on Courts international standards Timing “pure and applied research” aiming to discover a theory and exercised research directed to the end used with practical applications to pursue development work and applications… 1/30/13 UCLAN-Monif Loutfy 10
RESEA RES EARCH MET METHODOL ODOLOG OGY ¡ Ca Case S se Stu tudy y § This paper intends to follow a case study style of research, as it involves in depth investigation of particular instances related to DIFC, it will give a wider spectrum of analysis through ¡ Case study will yield deep but narrow results, which may facilitate generalization of findings; this is supported by the triangulation nature of case study by using two or more (Fellows & Liu, 1997) ¡ St Statically sampling: variety of data collection methods ¡ Em Emplo ploy int y intervie iews ws ¡ Possible methodologies may arise based on contextual complexities of cases during research Easy to variety of Used disciplines compare Real Life widely Cases 1/30/13 UCLAN-Monif Loutfy 11
MODELING AND SCOPE OF SURVEY Survey :Limited to DIFC and Sampling :case law of both its’ application in United courts and compare Analogue model : Arab Emirates, Dubai decisions of similar facts of through its case law, dispute and examine the TCC and DIFC registered members and common and uncommon tribunal judges. outputs. Limitation :Selecting Reviewing the current The literature review will randomly a specific construction cases in the also review the number of cases , could be traditional courts and construction cases dealt at limited to 2 or 3 of them, highlight its advantages the DIFC court and how it and conclude comparative and disadvantages. resolves the issues. analysis accordingly Questionnaire will be designed to seek opinions Descriptive qualitative from construction research-Cost-Time- specialist ,law firms and Outcome judges on the above questions. 1/30/13 UCLAN-Monif Loutfy 12
DESIGN OF RESEARCH Empirical inquiry that investigates a contemporary phenomenon within its real-life context. Sources of evidence are used, yet limiting its general inquiry and phenomena to question specific queries and trying to find answers to them. Case study encompasses specific approach of data collection and data analysis by studying each type of courts: DIFC and TCC and • Type of contracts in each country, • Relation of construction parties between themselves, • Methods of dispute resolution Qualitative and Quantitative analysis, but linked to real-life context but by a descriptive mode. Variations • Procedures in both courts • Type of construction contracts used in each country • Reasons leading to Dispute in each country • Methods for resolving disputes • When courts are involved 1/30/13 UCLAN-Monif Loutfy 13
RESEARCH QUESTIONS AND HYPOTHESIS How TCC is operating? How DIFC is operating? Why DIFC cannot have construction claims within its cases Why D DIFC c courts i is n needed f for C Construction ? ? Is the extension of the jurisdiction of the DIFC Court will be welcomed? Does U UAE AE n need a a T Techn hnology a and C Construction C Court S Similar t to t the he U UK? Is their a relation between Independent and a dependent variable and explores the type of this relation? What are the variables between UAE Law and Contract Law in UAE (FIDIC)? 1/30/13 UCLAN-Monif Loutfy 14
COLLECTION OF INFORMATION Triangulate data in order to strengthen the research Improve the likelihood findings and conclusions. of accurate and Raw data reliable findings . ionnaires organization of and Formal -Informal Semi-Structured Large amount ion ation preparation References- Questionnaire Systematic Case Law Interviews- Research Advance Document a the data Multiple sources of data Similar Observat Obs Que Look for conflicting Minimize the amount of data to disconfirm the Categorize, tabulate, and manipulation of final analysis. recombine data cross- data- Overcome the checks of facts resultant defects . Exemplary case studies expose or Links between the research create new insights object and the outcomes 1/30/13 UCLAN-Monif Loutfy 15
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