2016 | Septiembre 3
Contractors who are working in international markets will almost certainly have encountered the Dispute Adjudication Board (“DAB”) contained in each of the FIDIC Red, Yellow, Silver and Gold Books. However, they may be left with many questions as to why it exists, what it is supposed to achieve, why it is frequently deleted from FIDIC contracts in some markets and how it differs from arbitration. For those outside the construction industry, even the concept of a DAB may be entirely unfamiliar even though it is being gradually extended to contracts in other industries.
The term “dispute board” describes a person or a panel of individuals (usually 3) who, under the terms of the contract either:
- provide non-binding recommendations to the contracting parties on issues arising; and/or
- make binding decisions in relation to such matters.