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  3. Construction Law in the Middle East

Construction Law in the Middle East (LAWS90146)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

Year of offer2019
Subject levelGraduate coursework
Subject codeLAWS90146
Campus
Parkville
Availability(Quotas apply)
September
FeesSubject EFTSL, Level, Discipline & Census Date

This subject will provide a detailed overview of construction law, projects and practice in four representative Middle Eastern jurisdictions: the United Arab Emirates (with a focus on Dubai and Abu Dhabi), Qatar, the Kingdom of Saudi Arabia, and Oman, with some further brief comparative analysis of Egypt, Iraq and Iran. Through detailed explanation, analysis and case studies, students will develop an advanced and integrated understanding of the key construction law-related features of each jurisdiction. The detailed treatment of both the aspects which are distinctive in each jurisdiction and those which are cross-cutting is designed to enhance the advanced knowledge and integrated understanding of students who already practice in one or more of these jurisdictions and those who are looking to expand their range of practice into them.

The subject coordinators, William Marshall, Jeremie Witt and Debbie Barbour, bring to the subject extensive experience as construction and project finance lawyers from the Middle East.

The subject will provide a detailed introduction to construction law, projects and practice in four Middle Eastern jurisdictions with reference to:

  • The size, importance of, opportunities and trends in their construction sectors
  • Their key legal and regulatory frameworks, tender practices, and project management norms
  • Their principal standard forms of contract in use
  • New developments surrounding modelling systems for monitoring cost, quality, and risk factors for sponsors, contractors and consultants
  • Their resource management, financing, innovation and competitiveness in the development of their construction sectors, with particular focus on non-oil and gas sectors, and also considering 'contractor financing' as a means of project financing and delivery
  • Detailed case studies on construction, which might include (subject to confirmation in the year of subject delivery) the Abu Dhabi International Airport project, planning and construction of the Dubai Metro project and the initial attempts to deliver under a PPP structure, the Dubai Creek canal extension and 'contractor financing', the construction of the Saudi Stock Exchange and the issues of contract risk allocation, the Doha Metro project, Qatar Airport developments and issues relevant to the Qatar 2022 World Cup, and Mussandam Gas Plant project, in Oman.

Intended learning outcomes

A student who has successfully completed this subject will be able to demonstrate an advanced and integrated understanding, in respect of the United Arab Emirates, Qatar, the Kingdom of Saudi Arabia and Oman, of:

  • The law and regulatory environment as applied to each jurisdiction's construction projects and be able to critically analyse the similarities and differences between the laws of the relevant jurisdictions
  • The distinctions between civil law and common law generally, the origins of civil law in the Middle East including the Napoleonic Code, the involvement of Al Sanhuri and Egyptian scholars in the progression of law in the Middle East and the relevant aspects of Sharia'h in commercial and domestic laws
  • The relative size, sophistication, importance and operation of construction in the relevant jurisdictions
  • The nature and characteristics of the standard forms of contract which are in use in each jurisdiction, particularly those of FIDIC and the main government standard form contracts
  • Relevant planning for, tendering of, awarding and administration of construction contracts
  • Recent representative project experience and future prospects
  • Select methods of project evaluation in current use.
  • In addition, students will be able to demonstrate an advanced and integrated understanding of: • The various dispute resolution forums in the Middle East, including but not limited to the main arbitration rules and institutions • Relevant aspects global connectedness in Australasia and the lessons to be derived from it.

Last updated: 11 November 2018