Exclusive remedies clauses: UAE law and the common law

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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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