Scott Hutton focuses his practice on construction and development matters, acting on both contentious and non-contentious matters. He also deals with all property related matters including sales, purchases, landlord and tenant and investment issues.

    Scott has a wide ranging practice with a broad mix of clients both locally and internationally. He has considerable experience in acting for employers, contractors, consultants and funders. He acts for local developers and landlords as well as international investors and contractors. Scott is well-acquainted with all of the standard forms of construction contract, with an emphasis on the FIDIC based contract, the most common form of contract used in the Middle East. He also drafts and reviews bespoke contract documentation.  He also has considerable experience with all means of Dispute Resolution in the UAE and has acted in arbitration under the rules of DIAC (Dubai International Arbitration Centre), DIFC-LCIA (Dubai International Financial Centre – the London Court of International Arbitration), ADCCAC (Abu Dhabi Commercial Conciliation and Arbitration Centre) and AIAC (Ajman International Arbitration Centre).

    Scott has extensive experience of the commercial property and construction markets of the UAE, Scotland and Ireland. He has represented major developers in residential, leisure, commercial and mixed use developments. Scott also has considerable experience in commercial leasing and asset management having acted for institutional landlords and investors together with major retail chains. He advises both landlords and tenants on all leasing related matters and is keen to promote a better understanding of the FRI (full repairing and insuring) lease in the UAE. He lectures on property matters at the Dubai Real Estate Institute.

    Scott currently sits on the Independent Governance Committee (IGC) for the Responsible Sourcing of Gold and Precious Metals in DMCC, which accounts for approximately 25% of global gold trade. 

    Scott was recommended by the Legal 500 for “attention to detail, in-depth knowledge of the applicable laws and interpretation of the law’s application in the commercial environment of Dubai.” He was also named a “rising star” in the 2nd Edition of the “Guide to the World’s Leading Construction Lawyers.”

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    • Lead counsel to claimant in 12 related DIAC real estate and construction arbitrations with approximately 500 million dirhams in dispute.
    • Lead counsel for claimant in respect of a successful property development claim in the value of AED 72 million. The matter involved local litigation (both criminal and civil) and the arbitral proceedings.
    • Lead counsel to the prime contractor in relation to disputes concerning a AED 1 billion+ mixed use development in Abu Dhabi. Claim value in excess of AED 600 million (design, delay and cost issues).
    • Lead Counsel to an international engineering firm in relation to disputes on two hospital developments in the UAE. The case involved proceedings in DIFC Court, DIFC-LCIA Arbitration Centre, Dispute Adjudication Board and local court.
    • Lead Counsel to international architectural firm in relation to a dispute concerning calculation of fees on a stalled project. Arbitral proceedings included pleadings on local law, entire / instalment contracts and cost issues.
    • Advised an architectural/engineering firm in relation to employment termination and residency matters. 
    • Counsel to an international infrastructure engineering firm in arbitration over 70 million dirhams in claims related to engineering performed for the Dubailand development.
    • Advised local contractors on contractual and legal rights to suspend works and secure sites.
    • Advised sporting body on sale and development prospects re land swap deal in Dublin, Ireland.
    • Counsel for Japanese contractor in relation to JV agreements and construction contract in the Kingdom of Saudi Arabia.
    • Drafted bespoke construction contracts for the construction of LEED-gold certified building with service centre, warehouse and office facility in DIP, Dubai.
    • Instigated and drafted an entire suite of bespoke pro-forma construction documents for use by an engineering client in Abu Dhabi.
    • Lead counsel for a Kuwaiti employer in successful arbitration and court proceedings against an international contractor in relation to a major stalled project in Abu Dhabi. Project value was in excess of AED 1 billion.
    • Advised numerous investors and purchasers in relation to stalled or delayed projects in the UAE. Negotiated settlements, drafted settlement agreements, liaised with land Department and pursued cases through local courts and arbitration. Advising several clients in resolving multimillion dollar claims stemming from the suspension or termination of numerous developments in Dubai and Abu Dhabi.
    • Advising client on all aspects of construction and general contract law in the UAE.
    • Advised KSA/US joint venture on suite of construction documents including JV agreement, construction documents and design proposals.
    • Advised developer on consultancy agreements for redesign of a marque golf course in Dubai.
    • Acted in the purchase and development of a €10 million shopping centre in Co Cork, Ireland.  
    • Advice on development of golf course and residential units in South West Ireland.
    • Development of 50 bed nursing home and sheltered housing units. Includes liaising with tax advisers and advice on structure of the JV.

    Education

    • Law Society of Ireland, Diploma in Commercial Conveyancing, 2006
    • University of Glasgow, Diploma in Legal Practice, 1997
    • University of Glasgow, LL.B., with honours, 1996

    Admissions

    • Dubai
    • DIFC, Dubai
    • England and Wales
    • Ireland
    • Scotland (non-practicing)

    Memberships and Affiliations

    • Society of Construction Law in the UAE, Member
    • Society of Construction Law in the UK, Member
    • Law Society of England & Wales, Member
    • Law Society of Ireland, Member
    • Law Society of Scotland, Member
    • Faculty Member of The Institute for Strategic Negotiations
    • Wooden Spoon Charity, Dubai, Committee Member
    • Author, “Middle East Construction in 2009 – an annus horribilis,” The Brief (February 5, 2010)
    • Author, “Review of Early Contractor Involvement in Building Procurement,” The In-House Lawyer (February 1, 2010)
    • Author, “Review of Liquidated Damages and Extensions of Time – A Riveting Read,” The In-House Lawyer (December 1, 2009)
    • Author, “Creating Solid Foundations,” The Brief (May 1, 2009)
    • Author, “Dispute Resolution in Dubai (Construction Contracts), The Brief (May 1, 2009)
    • Author, “Dubai Property at a Crossroads,” The National (December 1, 2008)
    • Speaker, “Protect Your Profits: Avoiding and Resolving Disputes in the Construction Industry,” Patton Boggs Construction Dispute Resolution Seminar (April 22, 2014)
    • Speaker, “The Challenges in Entering a New Market,” Middle East Construction Summit (May 24, 2010)
    • Speaker, “Drafting Effective Dispute Resolution Provisions,” Dispute Resolution in Construction Conference ( June 14, 2009)
    • Speaker, “Ask the Experts,” Dispute Resolution in Construction Conference (June 14, 2009)
    • Speaker, “Negotiating in the Gulf,” Institute for Strategic Negotiations (March, 2012)
    • Lecturer, Dubai Real Estate Institute

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    • Speaker, “Negotiating in the Gulf,” Institute for Strategic Negotiations (March, 2012)
    • Speaker, “The Challenges in Entering a New Market,” Middle East Construction Summit (May 24, 2010)
    • Author, “Middle East Construction in 2009 – an annus horribilis,” The Brief
    • Author, “Review of Early Contractor Involvement in Building Procurement,” The In-House Lawyer (February 1, 2010)
    • Author, “Review of Liquidated Damages and Extensions of Time – A Riveting Read,” The In-House Lawyer (December 1, 2009)
    • Speaker, “Drafting Effective Dispute Resolution Provisions,” Dispute Resolution in Construction Conference ( June 14, 2009)
    • Speaker, “Ask the Experts,” Dispute Resolution in Construction Conference (June 14, 2009)
    • Author, “Dispute Resolution in Dubai (Construction Contracts), The Brief (May 1, 2009)
    • Author, “Creating Solid Foundations,” The Brief (May 1, 2009)
    • Author, “Dubai Property at a Crossroads,” The National (December 1, 2008)

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