Clause 20.3: Failure to Agree Dispute Adjudication Board

If any of the following conditions apply, namely: 

1. the Parties fail to agree upon the appointment of the sole member of the DAB by the date stated in the first paragraph of Sub-Clause 20.2,

2. either Party fails to nominate a member (for approval by the other Party) of a DAB of three persons by such date, 

3. the Parties fail to agree upon the appointment of the third member (to act as chairman) of the DAB by such date, or 

4. the Parties fail to agree upon the appointment of a replacement person within 42 days after the date on which the sole member or one of the three members declines to act or is unable to act as a result of death, disability, resignation or termination of appointment,

then the appointing entity or official named in the Appendix to Tender or the Particular Conditions shall, upon the request of either or both of the Parties and after due consultation with both Parties, appoint this member of the DAB. This appointment shall be final and conclusive. Each Party shall be responsible for paying one-half of the remuneration of the appointing entity or official.

Note: The First Editions of the FIDIC Construction Contract and the FIDIC Plant and Design-Build Contract mistakenly refer to the appointing entity as being named in the Particular Conditions. In fact, for these Conditions of Contract, the Appendix to Tender is the place where the appointing entity is named, with the default entity being "The President of FIDIC or a person appointed by the President if no amendment is made". This mistake will be corrected in future editions.