FIDIC contracts (pre-2017 editions)—dispute adjudication boards
FIDIC contracts (pre-2017 editions)—dispute adjudication boards

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • FIDIC contracts (pre-2017 editions)—dispute adjudication boards
  • Dispute Adjudication Boards
  • Terms of appointment of the DAB
  • Standing or ad hoc DAB?
  • Timing of appointment and number of members
  • Referral of disputes to the DAB
  • Effect of the DAB's decision
  • The 'gap' in clause 20.7
  • Is the DAB stage a precondition to arbitration?

This Practice Note considers the use of dispute adjudication boards (DABs) in the 1999 editions of the FIDIC Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. These contracts all provide for disputes to be referred to a DAB (called a 'Disputes Board' in the Pink Book), which issues a binding decision. If a party is dissatisfied with a DAB's decision, it can refer the dispute to amicable settlement and ultimately arbitration, provided it complies with the contractual time limits. For more information about the multi-tiered dispute resolution procedure in these contracts, see Practice Note: FIDIC contracts (pre-2017 editions)—dispute resolution.

In December 2017, FIDIC published new versions of the Red, Yellow and Silver Books. The DAB is called the Dispute Avoidance/Adjudication Board (DAAB) in those contracts. For information about the role of the DAAB in the 2017 FIDIC contracts, see Practice Note: FIDIC contracts 2017—Dispute Avoidance/Adjudication Boards.

References in this Practice Note to the Red, Yellow and Silver Books and/or to clauses within them are to the 1999 editions of those contracts unless otherwise stated.

Dispute Adjudication Boards

The DAB process is a form of alternative dispute resolution ('ADR') that is designed to provide a cheaper and speedier way of resolving disputes than litigation or arbitration. DABs began to be used on construction projects in the