Al Tamimi & Company

Exclusive remedies clauses: UAE law and the common law

An exclusive remedies clause provides that a party’s remedy for breach of contract is restricted to the form of redress expressly prescribed in the contract to the exclusion of all other remedies that would otherwise be available at law. Such a clause means that a party’s rights and liabilities are codified in the contract.

Exclusive remedies clauses frequently arise in construction contracts in the UAE and often prove to be a hotly contested issue. This article is therefore to consider exclusive remedies clauses from a UAE law perspective and, by comparison, briefly sets out the common law position (from where the concept is derived)…

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Al Sila Tower
Level 26
Al Sowwah Square
Al Maryah Island
Abu Dhabi
PO Box 440
United Arab Emirates

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