Dispute boards—appointment, administration and procedure
Produced in partnership with Clyde & Co

The following Construction practice note produced in partnership with Clyde & Co provides comprehensive and up to date legal information covering:

  • Dispute boards—appointment, administration and procedure
  • Characteristics of good dispute board members
  • Appointment of the dispute board
  • Dispute board site visits
  • Dispute board rules

Dispute boards—appointment, administration and procedure

Deciding on the use of a dispute board as part of the dispute resolution procedure in a construction contract is only the first step. Once the concept of the dispute board has been agreed, the practical issues of who should sit on the dispute board, how they should be appointed and how the board should work need to be dealt with. This Practice Note deals with the selection and appointment of the dispute board members, and how they should operate once appointed.

Characteristics of good dispute board members

The first question that the parties should deal with is who should sit on the dispute board. Most contracts call for dispute boards with three members, although some may give the option of having a board with only a single member. The FIDIC forms of contract are an example of this—they provide for a three-member dispute board as the default, but allow the parties to opt for a single member board. There is clearly a costs saving in having only one person on the board, although a three-member board will offer diversity of opinions, the possibility of a wider spread of experience, and may reduce any concerns regarding potential lack of impartiality.

Where a three-member board is to be used, the parties will frequently select one member each, and the two selected members will

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