FIDIC has published a new practice note to provide best practice guidance to adjudicators in carrying out their decision-writing function envisioned under the FIDIC forms of contract. FIDIC Practice Note III Decisions: Preparation and Composition, launched during the Official FIDIC International Contract Users’ Conference in London on 3 December 2025, recognises that decisions are an important part of a dispute board’s and offers a standard of good practice to be expected of dispute board members.
The practice note’s introduction highlights that it is helpful to put a dispute board’s (DB) decision in perspective. “The decision in a dispute is an extremely important product of a DB’s role. It is intended to be a legally enforceable document. It is what the Parties are paying for, and it will possibly affect either or both Parties substantially. Given those significant factors, it is essential that due attention is accorded to (i) the decision and (ii) the way in which it is reached. The second of those two is akin to the journey and the first can be looked upon as the arrival. If the journey is properly organised, there is a better chance that the arrival will be satisfactory.”
The note details a number of best practice tasks and techniques for producing a dispute board decision covering managing the referral process, review of the referral, establishing the timetable, review of response, jurisdictional challenges, managing additional exchanges, assessment of evidence, hearings, deliberation among DB members, structuring the decision document, compliance with FIDIC contract provisions and formalities and post-decision considerations.
Whilst the practice note is written mainly with a dispute adjudication/avoidance board in mind, the general principles in it may apply to all types of dispute board decisions under other FIDIC forms and as such the document is expected to be widely used across the international construction industry.
The practice note has been produced under the general direction of the FIDIC Dispute Avoidance and Adjudication Forum standing group consisting of John Papworth, Suzanne Rattray, Patrizia Palmitessa-Savric, Kok Fong Chow, Lindy Patterson, Taner Dedezade and Yann Schneller, co-ordinated by FIDIC’s chief legal and contracts officer Daduna Kokhreidze.
Commenting on the launch of the practice note, FIDIC chief legal and contracts officer Daduna Kokhreidze said: “This latest FIDIC practice notice should be a massive help to any dispute board member when they come to write up their decisions. We know projects are run by people and a DB decision will be read by those – and probably other – people. This practice note offers a useful checklist to assist DB members in crafting sound and compelling decisions that are interesting, clearly written, well-reasoned, comprehensible and which address all the issues raised by the parties.”
Click here to download FIDIC Practice Note III Decisions: Preparation and Composition.
Image above shows members of the FIDIC Dispute Avoidance and Adjudication Forum at their meeting during the International Contract Users’ Conference in London on 1 December 2025.
