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Stephen Hibbert

Posts by Stephen Hibbert

Dispute Resolution in Abu Dhabi (Part IV): Is Conciliation Before Arbitration the Answer?

It was a deliberate decision of the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) to include both the term and procedures for “conciliation” in their rules.
Representatives of ADCCAC regularly comment to the effect that they see it as one function of a dispute resolution body to offer to the disputants a pre – arbitration [...] read more »

Dispute Resolution in Abu Dhabi (Part 3) – A Lot Now Rides on Success of the DAB System

The most commonly used form of construction contract in the Gulf is the FIDIC form. Although the FIDIC forms, for project procurement and consultantcy services, progressed slowly over the years, culminating in the burst of colours in the suite of contracts issued in 1999, some parts of the Middle East still use the [...] read more »

Dispute Resolution in Abu Dhabi (Part 2) – Do We Have The Time, Or Luxury, To Rely Only On Arbitration As The Only “Alternative” in ADR?

Constructively, commercial arbitration is a judicially recognized and an enforced method of dispute resolution in the UAE.
Via Article 203 (5) of the Civil Procedure Law (1992), if the parties have agreed to refer a dispute to arbitration, an action on that dispute cannot be brought before the courts.
So let us assume for present purposes [...] read more »

Dispute Resolution in Abu Dhabi ( Part 1): How can the System Possibly Cope?

On a first reading this might seem like a particularly narrow question. Perhaps geographically of limited utility.
But to almost every international organization in the industrial, defence and major projects sectors it is, in fact, one of the burning issues confronting their participation in a market planning to spend or invest $USD450billion in 2010.
In [...] read more »