Dispute boards

A dispute board is a body established pursuant to the provisions of a construction contract (eg under the FIDIC forms) to assist the parties in the avoidance and resolution of disputes arising during the life of a project. Depending on the form of contract and the applicable rules, a dispute board may be tasked not only with determining disputes referred to it, but also with proactively assisting the parties to avoid disputes escalating. See Practice Note: Dispute boards—what are they and what are their advantages and disadvantages?

The scope of a dispute board’s powers, its procedures and the status and effect of its decisions are determined by the contract under which it is appointed. A dispute board does not generally have any statutory powers. Boards are commonly composed of three members, although a single member board may be appointed on smaller or less complex projects. Board members are usually appointed under a separate tripartite agreement between the parties and the individual members,