International Construction Law Review


Nicholas A Brown*

Partner, Pinsent Masons LLP

Kerry Higgins**

Associate, Pinsent Masons LLP


On 24 May 2023, the Court of Appeal of The Dubai International Financial Centre Courts (CA) published its principal judgment in the case of Panther Real Estate Development LLC v Modern Executive Systems Contracting LLC (the “Panther case”),1 dismissing an appeal by Modern Executive Systems Contracting LLC (MESC) and partially allowing a cross-appeal by Panther Real Estate Development LLC (Panther) from the judgment of Sir Richard Field dated 26 September 2022 sitting in the Court of First Instance of the DIFC (CFI).2 The legal issues involved are multifaceted and not all of those tackled at first instance were appealed. To the extent of the overlapping treatment of the issues by both the CFI and the CA, the pair of judgments analyse a range of issues that are of potential interest to practitioners in the field of construction law.
Perhaps the main broader value of the case is in its treatment of extension of time (EOT) provisions and notice requirements under contracts that are drafted based on the First Editions of the “Rainbow Suite” published by the International Federation of Consulting Engineer’s (FIDIC). Both judgments also offer insight into the DIFC’s approach to the interpretation of construction contracts that are subject to the Contract Law, DIFC Law No 6 of 2004 (DIFC Contract Law), a statute that is derived from the


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