Construction Claims under DIFC Law – Changes post the decision in MESC v Panther

Eminent Panelists discussed the recent DIFC Judgement of MESC v Panther and the issues that affect all construction stakeholders in the Middle East.

The panelists discussed various topics from the Court of First Instance and the Court of Appeal including but not limited to

• The Court of Appeal’s rejection of the contapreferentum rule.
• The Court of Appeal’s rejection of the analysis in obrascon of when time starts to run in respect of the 28/42 day notice periods.
• The Court of First Instance’s decision on Panther’s termination of the contract.
• The Court of Appeal’s rejection of the principles in Gaymark.
• The Court of Appeal’s rejection of the principles in Gaymark.
• The Courts’ interpretation of final and binding if an engineer’s determination is not challenged within the contractually required notice period and its impact on DIFC Law of Limitation.

The Appeal Judgement’s wider impact on jurisdictions outside of DIFC.