Request an Appointment

Make a request

A request for the President of FIDIC to appoint a member, or members, of a Dispute Adjudication Board (DAB), a Dispute Board (DB), or a Dispute Avoidance/Adjudication Board (DAAB), as the case may be, under either

  • the FIDIC Red, Yellow and Silver Books 1999,
  • the FIDIC MDB Harmonised Edition of the Red Book 1999, or
  • the FIDIC Red, Yellow and Silver Books 2017; or
  • the FIDIC Emerald Book 2019

or for the President of FIDIC to appoint an Adjudicator under either:

  • the FIDIC Green Book 1999,
  • the FIDIC Dredging and Reclamation contract 2006 or 2016;
  • the FIDIC White Book 2017, or
  • the FIDIC Sub-consultancy agreement 2017

must be addressed to the President of FIDIC and submitted to the FIDIC Secretariat in the English language using the form below.

The President of FIDIC is prepared to make such appointment if by agreement of the Parties this authority is delegated to the President of FIDIC, and any pre-condition has been met and requirements have been complied with. FIDIC maintains a President’s List of Approved Dispute Adjudicators for this purpose and the President of FIDIC will therefore make the appointment from this List. FIDIC reserves the right to reject appointment requests if the request can not be accomodated and this decision is final. FIDIC charges an appointment fee for this service.

What information/documentation should be submitted with a request for an appointment

FIDIC does not require full copies of the Parties’ contract or documentation related to the project, but it is important that the request does include all of the following:

  • evidence that there is a FIDIC-based contract between the Parties – for example: a copy of the signed Contract Agreement, or a copy of the Letter of Acceptance;
  • evidence of the Parties’ agreement that disputes are to be decided by a DAB or a DB or a DAAB or an Adjudicator, as the case may be – for example: a copy of the relevant clause of the conditions of the Parties’ contract;
  • evidence of the Parties’ agreement that FIDIC is to be the appointing entity in the event that the Parties fail to agree (or a Party fails to select for agreement by the other Party) a member or members of the DAB or DB or DAAB or fail to agree the Adjudicator, or the Parties fail to agree the appointment of a replacement member, or the appointment cannot be effected because one Party refuses or fails to sign a DAAB Agreement with any agreed member or replacement, as the case may be – for example: a copy of the Appendix to Tender or the Contract Data and relevant clause of the conditions of the Parties’ contract;
  • evidence that the Parties have in fact failed to agree (or a Party has in fact failed to select) a member or members of the DAB or DB or DAAB or have failed to agree the Adjudicator, or have failed to agree the replacement member, or the appointment cannot be effected because one Party refuses or fails to sign a DAAB Agreement with any agreed member or replacement, as the case may be, in accordance with the terms of the Parties’ contract – for example: copies of the exchanges of correspondence. It should be noted that, as a matter of policy, FIDIC encourages the Parties under all FIDIC-based contracts to agree the appointment of the member(s) of the DAB or DB or DAAB or Adjudicator (as the case may be), and therefore appointment by the President of FIDIC should be viewed as a last resort after it has become clear that the Parties cannot reach an agreement as to the appointment and other provisions in the Parties’ contract have been exhausted;
  • brief details of the scope of Works or Services under the Parties’ contract, and location of the project;
  • where a dispute has already arisen: brief details of the nature and value of the dispute, and of the issues in dispute;
  • evidence that the fee (see below) for the requested appointment has been paid;
  • evidence of the governing law and the ruling language (and the language for communications, if different from the ruling language) of the Parties’ contract – for example: a copy of the Appendix to Tender or the Contract Data or the relevant clause of the conditions of the Parties’ contract;
  • evidence of full contact details of both Parties, including postal addresses, email addresses and telephone numbers - for example: a copy of the Appendix to Tender or the Contract Data or the relevant correspondence notifying any change therein;
  • evidence that a copy of the application has been sent to the other Party; and The President of FIDIC (or his duly authorised delegate) will consult with both Parties before making a requested appointment and so it is important that the correct and up-to-date contact details for both Parties are included in the request. FIDIC retains the right to request further information. In such case, FIDIC will contact the Parties.

Appointment Fee

The fee to be paid for the appointment of each member of the DAB or DB or DAAB or the Adjudicator, as the case may be, is outlined below to be paid either by bank transfer or credit card authorisation by the applicant at the time the request is made.

This fee is for application and is non-refundable even if an appointment is not made (for whatever reason). Unless expressly stated otherwise in the Parties’ contract, the Party who pays the appointment fee should be reimbursed half of the fee by the other Party (for example: under Sub-Clause 21.2 [Failure to Appoint DAAB Member(s)] of the FIDIC Red, Yellow and Silver Books 2017 it is stated “Each Party shall be responsible for paying one-half of the remuneration of the appointing entity or official”).

        

 


DAB/DB/DAAB Member or Adjudicator fees

The fees to be paid to the individual appointed by the President of FIDIC (the appointee) are to be agreed between the appointee and the Parties. FIDIC does not recommend fee scales for DAB/DB/DAAB members or Adjudicators.

An indication of an acceptable level of fees is provided by the World Bank's International Center for Settlement of Disputes (ICSID) as follows:

  • Memorandum on the Fees and Expenses for ICSID Arbitrators, that applies for members of Arbitral Tribunals constituted under the ICSID Convention. However, if the Parties’ contract expressly states that the terms of any appointment by the President of FIDIC shall include the fees to be paid to the appointee (for example: under Sub-Clause 21.2 [Failure to Appoint DAAB Member(s)] of the FIDIC Red, Yellow and Silver Books 2017), then FIDIC shall set the fees taking due regard of all relevant circumstances (including international practices) and shall state these fees in the terms of the appointment.

 

FIDIC