Dubai Court of Appeal overrules First instance Court’s ratification of a DIAC award for a fundamental breach of due process.

Motei & Associates was instructed by the Respondent in recent legal proceedings between two parties (details for which must remain confidential) before the Dubai Courts in relation to the ratification of an arbitral award issued by the Dubai International Arbitration Centre (DIAC).
Appeal Court’s rationale ... read more

A property investor in Dubai may withhold payment of due installments whilst the developer is in breach of his contractual obligations.

A recent judgment issued by the Dubai courts has confirmed a property investor’s right to refrain from making any further due installments to a developer who is in breach of his contractual obligations.
Facts
The Claimant (investor) has signed a Unit Reservation Form with the ... read more

Dubai Court ordered developer to compensate buyer for the shortfall in the size of the sold property and all its supplemented areas.

Facts
Our client (Plaintiff) has entered into a sale purchase agreement (SPA) with one of the renowned semi-government developer in Dubai for the purchase of a residential apartment in the amount of AED3.596.888/-. The SPA stated that the area of the apartment is 1859 sqft ... read more

Not providing a specific date for completing the project and handing over the property, doesn’t give the developer the right in an open-end completion date.

The fact that a sale and purchase agreement provides for an anticipated completion date to complete the project and handover the property, will not entitle the developer to extend the actual completion date indefinitely, as this would be contrary to the requirements of certainty in ... read more

Is lack of electricity considered an event of “Force Majeure” not to complete the project?

The fact that a government authority has refrained from supplying electricity to a project under construction, doesn’t constitute an event of “Force Majeure” for exempting the developer from their contractual obligations, as long as the authority’s action is not the direct cause for delaying the ... read more

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