FIDIC standard forms of contract provide for the establishment of a standing or ad-hoc Dispute Board (DB, DAB or DAAB) or Adjudication, as part of its contractual dispute avoidance and/or dispute resolution mechanism.
In the first instance, parties to a FIDIC contract are to appoint members of a DAAB, DAB, DB or an Adjudicator by agreement.
To facilitate the appointment process by the parties, FIDIC contracts allow each party to name potential dispute board members at the tender stage in their contracts.
Where the appointment by agreement of the parties is not possible, FIDIC contracts provide that an “appointing entity or official” will make an appointment upon request of either or both Parties. The default mechanism is that the President of FIDIC or a person appointed by the President, shall be the appointing official.
If a party is unsure whom to name as potential DB, DAB or DAAB member/s or adjudicator, or where the parties fail to make an appointment, either or both parties may apply to FIDIC to make such appointment or for FIDIC to provide a shortlist of potential members for the parties’ selection and appointment.
FIDIC maintains the FIDIC President’s List of Approved Dispute Adjudicators for this purpose and will only select or appoint members or adjudicators from this list. The list is available to access here.
FIDIC offers the following services:
a. Request an Appointment for a DB, DAB, DAAB or Adjudicator. (insert link)
This service is to request that the appointment is made by FIDIC. FIDIC appointment rules apply.
b. Request a Shortlist for a DB, DAB, DAAB or Adjudicator. (insert link)
This service is to request that FIDIC provides a shortlist of potential candidates to assist the requesting party/ parties in their selection and appointment of a dispute board member or adjudicator.
