Developer fails to deliver on contract

q I bought property units but the developer has not built them and did not fulfil its contractual obligations.

I plan to file suit against the developer, as the contract stipulates that I can lodge a dispute in any arbitration centre. I’m told that the arbitration process takes only six months. Is that true? a Article No. 210/1 of Civil Procedures Law No 11 for 1992 and its amendments state that if the parties to an agreement have not specified a time frame for dispute settlements, then an arbitrator will pass judgment within six months from the date of the first arbitration session. Otherwise any party is entitled to refer the dispute to a court. It should be noted, however, that the arbitrator has the right to extend this period for months after getting approval from the authorities who appointed them, or with the consent of all concerned parties. I received a cheque from somebody and I submitted it to my bank within six months of receiving it. However, it has been returned because of insufficient funds. I know that I could file a criminal or commercial lawsuit but is there a time limit to do so? You have the right to file a criminal case within five years from the date of receiving the cheque. This is in accordance with Article No. 20 of the Criminal Procedures Law of 1992 and its amendments. Unfortunately, you do not have the same amount of time to file a commercial case, as that would have to be filed within two years against the person who signed the cheque and sent it to you, in accordance with Article No. 638/1 of the Commercial Transactions Law of 1993 and its amendments. There are also some factors that could reduce the time a case can be filed within, depending on the case. So it is wise to evaluate your options with your lawyer.

If you have a question for Mr Elhais, email media@professionallawyer.me with the subject line ‘Know The Law’.

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