When parties have opposing opinions concerning a contract and where they are unable to agree how it is to be applied, the dispute arising will need to be settled by the court.
In resolving such issues, understanding how the court will apply the construction or interpretation of the contract is of paramount importance. Our team benefits from specialist lawyers with a wide range of experience in construction of contracts of all scales and, importantly having experience of how this is best applied in the UAE.
In general terms, a person can consider 2 methods in the interpretation of a contract, subjective or objective. A judge may wish to determine the ‘intent’ of the contract (subjective) or look at the actions and how they relate to specific clauses (objective).
Many of our clients who come from backgrounds where common law is applied will need expert guidance and assistance to ensure that their contracts will be fit for purpose and protect their interests. As the UAE law is founded on the UAE Civil Transactions Act, contractual disputes will inevitably be determined using the subjective approach and our team will ensure you have the very best guidance and advice that fits the law under which your contracts will be governed.