A request for FIDIC to "appoint" a member of a DAB (in the sense of nominating, i.e., if the appointing entity named in the Appendix to Tender or the Particular Conditions of a FIDIC Contract is the President of FIDIC or a person appointed by its President): must be submitted by a Party, - to the FIDIC Secretariat, with the fee of Swiss francs 2000 (or equivalent amount in EUR or US$) either by bank transfer or credit card authorisation, and must include the following:
1. Letter detailing the extent to which the DAB members have been agreed, describes the relevant failure and request in the terms of Sub-Clause 20.3 (Failure to Agree Dispute Adjudication Board), and confirms when and how a copy of this submission to FIDIC was sent to the other Party;
2. Copy of the Letter of Tender (including Appendix to Tender; if any) and of the Conditions of Contract, excluding any documents incorporated by reference;
3. Copy of any other contractual document necessary to evidence: FIDIC's role as appointing entity, and the names, addresses and other contact details of the Parties, including current addresses for communications;
4. Brief description of the Works, stating the Base Date and Commencement Date; and
5. For an ad-hoc DAB (a DAB appointed only after the dispute has arisen): a brief description of the dispute(s) for which notice(s) has/have been given of intention to refer to a DAB, and a copy of such notice(s). FIDIC does not administer adjudication processes or procedures, and will not be responsible for any act or omission of its listees or appointees under any circumstances whatsoever.
FIDIC does not recommend fees scales for either adjudicators or for the administration for adjudicators. An indication of acceptable terms and conditions is provided by the World Bank's International Center for Settlement of Disputes (ICSID) - see Memorandum of Fees and Expenses for ICSID Arbitrators, 8 March 2004 - that applies for members of Arbitral Tribunals constituted under the ICSIDD Convention.
Please send any request to the attention of Managing Director, FIDIC, P.O. Box 311, CH-1215 Geneva 15, Switzerland; Tel: +41 22-799 49 00; Fax: +41 22 799 49 01; firstname.lastname@example.org
Please contact the FIDIC Secretariat for further information about the appointment of members to a DAB.