This book outlines the various contract procedures which require or permit the use of Dispute Boards. It gives a detailed explanation of the interpretation and application of each requirement, both practical and legal/contractual, while referring to the international Conditions of Contract published by FIDIC as well as to other published procedures where relevant.
Practical guidance to common problems:
The book also deals with the functions, practicalities and procedures of Boards from their inception through to their constitution and workings. The book outlines the requirements and outputs of Boards and describes in detail their day to day activities and the pitfalls which members of Boards may fall into.
The authors, who are currently at the forefront of Dispute Board development, examine the various alternative forms of Dispute Boards and the procedures which are currently in use. The duties and responsibilities of individual Dispute Board members are defined together with ideal and best practice guides.
Templates for agreements and forms of procedural rules:
The authors explain the specific requirements for the outputs of Dispute Boards including site visit reports, decisions and recommendations which Boards are required to produce from time to time and provide examples of the required outputs. The book incorporates standard forms of procedures and extracts from relevant contracts.
World Bank rules to make Dispute Boards compulsory on all projects:
With the announcement by the World Bank that Dispute Boards will become compulsory for all future projects funded by them, this book offers the definitive guidance on the use of the Boards to provide a one-stop-shop for all related practitioners.
About the authors:
Gwyn Owen BSc MSc CEng FICE FConsE FCIArb
Gwyn is President of the Dispute Resolution Board Foundation, is a FIDIC President listed adjudicator and has served on many dispute boards throughout the world. He is also an international arbitrator, adjudicator and mediator and is the principal drafter of the ICE’s Dispute Resolution Board Procedures.
Brian Totterdill BSc(Hons)(Eng) CEng FICE FIStructE FIPENZ FCIArb MAE FFB
Brian has advised on claims and the resolution of disputes on construction projects throughout the world. He has served as an arbitrator, mediator and conciliator as well as a dispute board member. He is a Dispute Resolution Board Foundation member and a FIDIC President listed adjudicator and is the co-drafter of the ICE’s Dispute Resolution Board Procedures.
- What is a dispute board?
- Alternative DAB procedures
- Composition of a dispute board
- Standard operation of a dispute board
- Site visits
- Referral to a dispute board
- The dispute board hearing
- The dispute board decision
- Recommendations and opinion of a dispute board
- Implementing and enforcing a dispute board decision
- Dispute board variations