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Construction Law/law of Arbitration while do the JV


Dear Sir,

many thanks to offer us your valuable advice.

we are based in Qatar and arranging a JV proposal with Singapore based company for our new tender submits in Qatar, project also going to be in Qatar for local client. in this case

1. what are the main conditions should be review clearly between both party?
2. which arbitration / Mediation law should govern the JV? ( because, Singapore company asking us to accept the Singapore Arbitration to  rule this JV agreement). can we accept this?

3. is it advisable to have 50:50 in this finance? or since we are leading the project, can we consider 55:45. advice me please

Qassim Ahamed

Dear Qassim,

Thank you for your question, but I am afraid it somewhat exceeds the field of "Construction Law", i.e. it does not refer to a specific works contract, but t formation of a JV, which is rather subject to commercial laws.

Nevertheless, I will try to give some common sense answers:

1. You should clearly indicate who does what, how doe you split the responsibilities and money, who  gets the payment and who gets the instructions from the Client, etc.

As well, you need to include remedies in case of failures by each of the JV members.

2. You can accept any law, as long as you are comfortable with it, i.e. in case you get into troubles, you can rely on that law and you can be properly represented in the respective country.

You also need to consider the language of the Contract, as you might need to translate all documents in the language related to respective law.

Thus you need to assess how does it suit you the respective law.

3. That is for the Parties in the JV to agree among themselves and probably, a good indication is given by who is the leader, who does most of the works, etc.

Obviously, the Party with a larger share should have a greater power when deciding various aspects related to the activity and performance of the JV.

I hope these considerations will help, but you may rather wish to consult a lawyer qualified in formation of such JVs, Associations, etc.

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Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.


Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List and of DRBF Chapter for Eastern Europe Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List Member of “” volunteers pool Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States

- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme ( - FIDIC Accredited Adjudicator

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