Current Issues with FIDIC Dispute Adjudication Boards

Julian Bailey

January 2015

A paper presented at the American University in Cairo at a conference for the launch of the Society of Construction Law Egypt on 22nd October 2014

This paper takes a close look at the provisions for Dispute Adjudication Boards in the most commonly encountered FIDIC contracts, their role in dispute avoidance and resolution and some of the problems which parties' (sometimes only one party's) attempts to establish, or to activate, such bodies can encounter and how they may be resolved. His analysis shows some significant gaps in the drafting of the FIDIC forms, which therefore create pitfalls for the unwary and their advisers. The paper includes references to relevant case law from ICC arbitrations and from courts in England, Switzerland, South Africa, Singapore and the Philippines.

A. Introduction - B. FIDIC Dispute Adjudication Boards: a brief overview - C. Problems with the DAB's appointment - D. Problems with the referral: 'no dispute' - E. Problems with the DAB's decision - F. Problems with enforcement in arbitration - G. The potential benefits of using DABs - H. Conclusion.

The author: Julian Bailey is a solicitor at White & Case LLP, London and Vice-Chairman of the Society of Construction Law (UK).

Text: 26 pages