_______________________________________ [NAME OF PROJECT] Dispute board issue chronology and evidence schedule [Date] _______________________________________ Preparing Party: [Name of Party 1] [Address] [Telephone/Fax Number] [Email address] [Privileged and confidential. Prepared for the purpose of obtaining or giving legal advice and for dispute strategy.] Dispute board [member] issue chronology and evidence schedule Where more than one contractual

Dispute boards are now a central feature of international construction contracts. Where properly used, they provide a rapid and effective mechanism for resolving disputes on an interim, binding basis, preserving cash flow and maintaining project momentum. However, dispute board regimes operate within a tightly structured contractual framework. Their effectiveness depends less on the merits of the underlying dispute and more on a coherent strategy throughout the project, from contract drafting through to enforcement, strict compliance with procedural requirements and careful framing of disputes. This checklist is designed for practitioners who are familiar with dispute board mechanisms and provides a practical, end-to-end guide for advising on contracts which provide for dispute boards issuing binding decisions. It follows the lifecycle of a dispute board process, identifying key risks, pressure points and strategic considerations at each stage. It focuses on the issues most likely to affect jurisdiction, validity and enforceability of dispute board decisions and recovery of payments awarded. Particular emphasis is placed on avoiding common pitfalls, including defective notices, premature referrals, expiry of time limits, jurisdictional overreach, and misalignment

_______________________________________ [NAME OF PROJECT] PRESERVATION OF POSITION DURING DISCUSSIONS CONCERNING [DISPUTE BOARD MEMBER NAME] (DISPUTE BOARD MEMBER) [Date] _______________________________________ Preserving Party: [Name of Party 1] [Address] [Telephone/Fax Number] [Email address] [ON THE HEADED NOTEPAPER OF THE Preserving Party] Other Party: [Name of Party 2] [Address] [Telephone/Fax Number] [Email address] [ [Relevant institution]: ] [[Address] [Telephone/Fax Number] [Email address]] The Dispute Board: [Name of DB member] [Address] [Telephone/Fax Number] [Email address] [[Name of DB Member 2] [Address] [Telephone/Fax Number] [Email address] [Name of DB Member 3] [Address] [Telephone/Fax Number] [Email address]] [[The Engineer/Employer’s Representative] [Address] [Telephone/Fax Number] [Email address]] [NAME OF PROJECT]: preservation of position during discussions concerning [DB member name] (Dispute Board member) We refer to the contract between the Preserving Party and the Other Party for [brief description of project] dated [date] (the Contract), which provides for the use of a dispute board (the Dispute Board). [The Contract incorporates the [relevant institutional dispute board rules] (the Applicable Rules)] [The Parties have agreed to use the [relevant institutional dispute board rules and details of where the parties agreed to use them] (the Applicable Rules)].[ There is also a [DB member agreement OR tripartite agreement] between [insert parties] dated [date] (the [DB Member Agreement OR the Tripartite Agreement])]. [Any

_______________________________________ [NAME OF PROJECT] PROCEDURAL UNFAIRNESS OBJECTION CONCERNING [THE DISPUTE BOARD OR [DB member name] (DISPUTE BOARD MEMBER)] [Date] _______________________________________ Objecting Party: [Name of Party 1] [Address] [Telephone/Fax Number] [Email address] [ON THE HEADED NOTEPAPER OF THE OBJECTING PARTY] The Dispute Board: [Name of DB member] [Address] [Telephone/Fax Number] [Email address] [[Name of DB Member 2] [Address] [Telephone/Fax Number] [Email address] [Name of DB Member 3] [Address] [Telephone/Fax Number] [Email address]] The Other Party: [Name of Party 2] [Address] [Telephone/Fax Number] [Email address] [[The Engineer/Employer’s Representative] [Address] [Telephone/Fax Number] [Email address]] [ [Relevant institution]: ] [[Institution name] [address]] [[telephone]] [[email address]] [NAME OF PROJECT]: procedural fairness objection and request for directions concerning [the Dispute Board’s conduct OR [DB member name’s] conduct as Dispute Board member][: [if the objection concerns only a particular step in the DB process, include brief details here]] We refer to the contract between the Objecting Party and the Other Party for [brief description of project] dated [date] (the Contract), which provides for the use of a dispute board (the Dispute Board). [The Contract incorporates the [relevant institutional dispute board rules] (the Applicable Rules)] [The Parties have agreed to use the [relevant institutional dispute board rules and details of where the parties agreed to use them] (the Applicable

_______________________________________ [NAME OF PROJECT] PROTECTIVE RESERVATION OF RIGHTS CONCERNING [[DB member name ](DISPUTE BOARD MEMBER) OR [THE DISPUTE BOARD] [Date] _______________________________________ Reserving Party: [Name of Party 1] [Address] [Telephone/Fax Number] [Email address] [ON THE HEADED NOTEPAPER OF THE Reserving PARTY] The Other Party: [Name of Party 2] [Address] [Telephone/Fax Number] [Email address] The Dispute Board: [Name of DB member] [Address] [Telephone/Fax Number] [Email address] [ [Name of DB Member 2] [Address] [Telephone/Fax Number] [Email address] [Name of DB Member 3] [Address] [Telephone/Fax Number] [Email address]] [[The Engineer/Employer’s Representative] [Address] [Telephone/Fax Number] [Email address]] [NAME

_______________________________________ [NAME OF PROJECT] request for disclosure and safeguards regarding [THIRD-PARTY SUPPORT OR USE OF TECHNOLOGY] BY [THE DISPUTE BOARD OR [DB member name] (DISPUTE BOARD MEMBER)] [Date] _______________________________________ Requesting Party: [Name of Party 1] [Address] [Telephone/Fax Number] [Email address] [ON THE HEADED NOTEPAPER OF THE reQUESTING PARTY] The Other Party: [Name of Party 2] [Address] [Telephone/Fax Number] [Email address] The Dispute Board: [Name of DB member] [Address] [Telephone/Fax Number] [Email address] [ [Name of DB Member 2] [Address] [Telephone/Fax Number] [Email address] [Name of DB Member 3] [Address] [Telephone/Fax Number] [Email address]] [[The Engineer/Employer’s Representative] [Address] [Telephone/Fax Number] [Email address]] [NAME OF PROJECT]: request for disclosure and safeguards regarding [third party support OR technology] used or proposed to be used by [the Dispute Board OR [DB member name] as a Dispute Board member] We refer to the contract between the Requesting Party and the Other Party for [brief description of project] dated [date] (the Contract), which provides for the use of a dispute board (the Dispute Board). [The Contract incorporates the [relevant institutional dispute board rules] (the Applicable Rules)] [The Parties have agreed to use the [relevant institutional dispute board rules and details of where the parties agreed to use them]

_______________________________________ [NAME OF PROJECT] REquest for disclosure, clarification and directions concerning possible unilateral or ex parte communication involving [THE DISPUTE BOARD OR [DB member name] (DISPUTE BOARD MEMBER)] [Date] _______________________________________ Requesting Party: [Name of Party 1] [Address] [Telephone/Fax Number] [Email address] [ON THE HEADED NOTEPAPER OF THE reQUESTING PARTY] The Dispute Board: [Name of DB member] [Address] [Telephone/Fax Number] [Email address] [[Name of DB Member 2] [Address] [Telephone/Fax Number] [Email address] [Name of DB Member 3] [Address] [Telephone/Fax Number] [Email address]] The Other Party: [Name of Party 2] [Address] [Telephone/Fax Number] [Email address] [[The Engineer/Employer’s Representative] [Address] [Telephone/Fax Number] [Email address]] [NAME OF PROJECT]: request for disclosure, clarification and directions concerning possible unilateral or ex parte communication involving [the Dispute Board OR [DB member name] (Dispute Board member)] We refer to the contract between the Requesting Party and the Other Party for [brief description of project] dated [date] (the Contract), which provides for the use of a dispute board (the Dispute Board). [The Contract incorporates the [relevant institutional dispute board rules] (the Applicable Rules)] [The Parties have agreed to use the [relevant institutional dispute board rules and details of where the parties agreed to use them]

_______________________________________ [NAME OF PROJECT] REQUEST FOR [FURTHER DISCLOSURE OR FURTHER PARTICULARS] CONCERNING [DB member name]] (Dispute Board Member) [Date] _______________________________________ Requesting Party: [Name of Party 1] [Address] [Telephone/Fax Number] [Email address] [ON THE HEADED NOTEPAPER OF THE REQUESTING PARTY] The relevant Dispute Board member: [Name of DB member] [Address] [Telephone/Fax Number] [Email address] [ The other Dispute Board members: ] [ [Name of DB Member 2] [Address] [Telephone/Fax Number] [Email address] [Name of DB Member 3] [Address] [Telephone/Fax Number] [Email address]] The Other Party: [Name of Party 2] [Address] [Telephone/Fax Number] [Email address] [[The Engineer/Employer’s Representative] [Address] [Telephone/Fax Number] [Email address]] [ [Relevant institution]: ] [[address]] [[telephone]] [[email address]] [NAME OF PROJECT]: request for [further disclosure OR further particulars] concerning [DB member name] (Dispute Board member) We refer to the contract between the Requesting Party and the Other Party for [brief description of project] dated [date] (the Contract), which provides for the use of a dispute board (the Dispute Board). [The Contract incorporates the [relevant institutional dispute board rules] (the Applicable Rules)] [The Parties have agreed to use the [relevant institutional dispute board rules and details of where the parties agreed to use them] (the Applicable Rules)].[ There is also a [DB member agreement OR tripartite agreement] between [insert parties]

_______________________________________ [NAME OF PROJECT] RESponse to Dispute board member disclosure by [DB member name] [Date] _______________________________________ Responding Party: [Name of Party 1] [Address] [Telephone/Fax Number] [Email address] [ON THE HEADED NOTEPAPER OF THE responding PARTY] The Other Party: [Name of Party 2] [Address] [Telephone/Fax Number] [Email address] The relevant Dispute Board member: [Name of DB member] [Address] [Telephone/Fax Number] [Email address] The other Dispute Board members: [ [Name of DB Member 2] [Address] [Telephone/Fax Number] [Email address] [Name of DB Member 3] [Address] [Telephone/Fax Number] [Email address]] [[The Engineer/Employer’s Representative] [Address] [Telephone/Fax Number] [Email address]] [ [Relevant institution]: ] [[Institution name] [address]] [[telephone]] [[email address]] [NAME OF PROJECT]: response to [DB member name]’s (Dispute Board member)[disclosure dated [date] OR further particulars dated [date]] We refer to the contract between the Responding Party and the Other Party for [brief description of project] dated [date] (the Contract), which provides for the use of a dispute board (the Dispute Board). [The Contract incorporates the [relevant institutional dispute board rules] (the Applicable Rules)] [The Parties have agreed to use the [relevant institutional dispute board rules and details of where the parties agreed to use them] (the Applicable Rules)].[ There is also a [DB member agreement OR tripartite agreement] between [insert parties] dated [date] (the [DB Member Agreement OR the

Dispute boards were initially seen on US infrastructure projects, and were then adopted for use in FIDIC forms of contract and on projects funded by the World Bank and other Development Banks. The NEC4 Engineering and Construction Contract published in June 2017 contains optional dispute board provisions. This Practice Note discusses the use of dispute boards in these various forms of contract, and considers how they are used on UK projects. FIDIC contracts The FIDIC standard form contracts are perhaps the most well-known family of construction contracts to use dispute boards as an integral part of their dispute resolution procedure. The use of dispute boards was introduced in the 1996 Supplement to the fourth edition of the Red Book, which, if used, replaced clause 67 of the contract—the dispute resolution provisions. The original form of clause 67 allowed disputes to be referred to the Engineer for a decision. However, if either party was unhappy with the result, its only option was to refer the dispute to arbitration. Contractors in particular were unhappy

A dispute board is a panel appointed to assist in the resolution of disputes which arise under a construction contract. It is intended to allow the swift and cost-effective resolution of disputes without the need for the parties to resort to the more expensive and time-consuming options of arbitration or court. Due to the cost involved (albeit they are substantially lower than the costs of arbitration or litigation) dispute boards are more commonly employed on larger construction projects, and less often on smaller ones. Dispute boards are normally found in construction contracts to which the Housing Grants, Construction and Regeneration Act 1996 does not apply, for example on international projects. A dispute board commonly has three members, but may sometimes consist of a single member. Some contracts require a standing dispute board, where the board is appointed at the start of the project and is in place throughout its duration, while others have ad hoc dispute boards which are only appointed as and when disputes arise under

Issues concerning a dispute board (DB) member can affect the constitution of the board, the conduct of the DB process and the parties’ wider dispute strategy. This checklist assumes that a potential issue with a DB member has been identified. It is organised chronologically to help practitioners decide what to do next, in what order and under which procedural route, from first review of the governing regime and preservation of the evidential record through to any objection, challenge, removal, replacement, continuity arrangements and preservation of the downstream arbitration, court or enforcement position. The checklist can be used with the companion Practice Note: Dispute boards—challenging, removing and replacing dispute board members which contains the substantive analysis of the grounds, procedures and consequences of challenging, removing or replacing a DB member. There is also a precedents pack which can be adapted and used alongside this checklist: Dispute boards—precedents. A party should not attempt to remove a DB member by excluding that member from correspondence, refusing to pay the member, declining