Using Dispute Boards under the ICC's Rules: What is a dispute board and why use one?

Dr Robert Gaitskell QC

December 2005

A paper based on talk given in London on 14th October 2004.

The author considers the use of dispute boards in the context of the publication of the ICC's Dispute Board ules in September 2004.He explains that the ules embody a statement of best practice for the conduct of boards and are a distillation of the various sets of rules that have appeared over the years.Dispute boards have become a significant feature in construction dispute resolution.He contrasts other procedures and looks at the history of their use, before considering in more detail how a board is appointed and operates, and concluding with a look at the success and failure of boards.

Introduction - Contrasting dispute board and other procedures - Why dispute boards succeed - Background to the dispute board procedures - US concern about costs - FIDIC/ICE usage of dispute board procedures - UK adjudication - The ICC dispute board procedure - Appointing and operating a dispute board - Dispute resolution clauses - Documents necessary - Site visit - The board's functions - End of the board's functions - Success and failure of dispute boards - Conclusion.

The author: obert Gaitskell PHD(KCL), BSc(Eng), CEng, FIEE, FIMechE, FCIArb is a practising Queen's Counsel in Keating Chambers, London, specialising in engineering disputes; he is also an arbitrator, adjudicator and mediator and acts as dispute board chairman and member.

Text and bibliography: 9 pages

PDF file size: 55k