Scott Hutton

Practice Areas

Engineering & Construction

Personal

Scott heads the firm’s Engineering and Construction practice. Scott is a commercially aware practitioner who aims to get to know and understand his clients’ business and needs. Commercial realities and legal advice do not always fit “hand-in-glove” however, the commercial realities of a legal problem should always be a factor when considering options.

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.

He also drafts and reviews bespoke contract documentation. Scott is recognised as a seasoned disputes practitioner and has considerable experience with all means of Dispute Resolution in the UAE and has acted in arbitration proceedings under the rules of DIAC, ICC, LCIA, ADCCAC, AIAC (Ajman International Arbitration Centre) and SCCA (Saudi Centre for Commercial Arbitration) aswell as international centres such as the Singapore International Arbitration Centre. Scott also sits as an arbitrator and represents clients in the DIFC Courts where he was involved in establishing the pro bono committee.

Scott was selected to sit on the Independent Governance Committee for the Responsible Sourcing of Gold and Precious Metals for the UAE Bullion Market, on which he served for approximately 6 years. He is also a faculty member of the Innovation Experts Real Estate Institute and has been assisting the Dubai Land Department with its training programmes for more than 10 years.

Scott is also the Chairman and founding trustee of a Scottish based amputee charity called Finding Your Feet which he and his family founded after his sister suffered a quadruple amputation following a sepsis infection.

Work Highlights

Lead counsel to claimant on complex construction arbitration proceedings for one of the UAE’s largest contractors.

Claim involves unpaid amounts, variations, prolongation costs and a substantial counterclaim. This matter involves substantial parallel proceedings in Dubai Courts.

Lead counsel to claimant in construction arbitration proceedings on a marquee project in Dubai. Claim relates to the construction of a complex free standing steel structure. Claim involves substantial changes of methodology, variation and delay claims.

Lead counsel to claimant in 12 related DIAC real estate and construction arbitrations worth approximately AED 500 million 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 arbitral proceedings.

Co-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) and involved pleadings in both local court (Abu Dhabi) and ADCCAC arbitration.

Lead Counsel to the financial adviser on a major marquee hospitality development in Dubai. The case involved proceedings in DIFC Court, DIFC-LCIA Arbitration Centre, Joint Judicial Committee and local court including enforcement action. Successfully recovered all anticipated amounts due.

Lead Counsel to an international engineering and architecture joint venture in relation to disputes on a mixed use development in Dubai Marina. The case involved proceedings in DIFC Court and DIFC-LCIA Arbitration Centre leading to a successful settlement and recovery for the Client. Arbitral proceedings included pleadings on local law, entire / instalment contracts and cost issues.

Advised on the purchase and the Islamic financing of over 200 warehouse units in DIP. Deal was a shari’a compliant sale and leaseback transaction.

Advised on the development of multiple high rise accommodation blocks for government related company in Qatar to include development rights and agreements to lease.

Advised local contractors on contractual and legal rights to suspend works and secure sites in both Qatar and UAE.

Counsel for Japanese contractor in relation to JV agreements and construction contract in the Kingdom of Saudi Arabia in addition to ongoing ICC arbitration proceedings in the UAE.

Advised sporting body on sale and development prospects re land swap deal in Dublin, Ireland.

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.

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 marquee golf course in Dubai.

Languages Spoken

English