David Sears QC and Andrew Rigney QC join the Hogan Lovells Middle East Construction Forum panel
David will join Tim Hill of Hogan Lovells discussing Payment: “In God We Trust: All others pay cash” (Jean Shepherd) Providing for when and how payment will be made. What level of substantiation is required for certification? On what basis can certificates be reduced and/or challenged? The importance of security – bonds, guarantees, indemnities. Insurance. Limitation caps. Quantum meruit.
David then joins the Forum: “All the worlds a stage, and all the men and women merely players; they have their exits andentrances”; (William Shakespeare) where he will be joined by Amna Sultan Al Owais, Chief Executive and Registrar of the DIFC Courts and Alex Hickey QC. Which forum? The Middle East is perhaps unique in having a plethora of options for dispute resolution. As an alternative to the local courts, international arbitration has been the default choice. However, there is a third choice, namely the offshore courts such as the DIFC Courts and the ADGM Courts. Do they offer an attractive, cost efficient alternative?
Andrew Rigney QC will be discussing Good Faith: “It gives double the pleasure to deceive the deceiver” (Niccolo Machiavelli) Goodness is easier to recognise than to define but the duty of good faith is prevalent in all civil law governed contracts requiring obligations to be performed in a manner consistent with good faith. Can it be pinned down or will it always remain elusive?
Andrew then joins a panel discussion: The demands on an in-house lawyer’s time and less generous training and legal research budgets are such that it is a challenge to keep up to date.
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