Guidelines for DAB Appointments

The following Guidelines for the appointment of an Adjudicator from the FIDIC President’s List of Approved Dispute Adjudicators were drafted by the FIDIC Assessment Panel for Adjudicators and approved by the FIDIC Executive Committee at its March 2005 meeting.


- Actions by the Secretariat on receipt of an application to appoint
- Selection of possible appointees
- Notifying the Parties of the proposed appointee

1. Actions by FIDIC Secretariat upon receipt of an application to appoint

1. Check that the applicant has included payment of CHF2,000 or the equivalent in USD or Euro.
2. Check that the applicant has enclosed evidence that there is a contract between the parties. This would usually be a copy of the signatory sheet of the Contract Agreement.
3. Check that the applicant has enclosed evidence that parties have a provision in their Contract (such as Sub-Clause 20.3 of the Construction Conditions) whereby an appointing entity or official shall appoint in the event that the parties have failed to agree or a party has failed to nominate.
4. Check that the applicant has enclosed evidence that the parties have failed to agree or a party has failed to nominate (i.e., that Sub-Clause 20.3 or its equivalent does engage).
5. Check that the applicant has enclosed evidence that FIDIC, an official of FIDIC or the President of FIDIC are named (usually in the Appendix to Tender or the Particular Conditions) as the appointing entity of official.
6. Check that the applicant has enclosed a letter setting out the extent to which the Dispute Adjudication Board (DAB) members have already been agreed.
7. Check that the name and addresses and fax. numbers of the contracting parties are clearly indicated.
8. Check that the applicant has enclosed very brief details of the Works, with commencement dates.
9. In the case of appointments for an ad hoc DAB (under EPC/Turnkey or Plant and Design-Build Contracts, 1st Edition, 1999) check that the applicant has described an outline of the disputes that are to be referred to the DAB to the extent that (prima facie) been sent to the other party to the Contract.

Acknowledge receipt of the application and state in the letter of acknowledgment that the applicant should, as a matter of urgency, forward to FIDIC any documents and/or information missing from the above list and request the applicant to confirm that the parties have not pre-agreed any terms and conditions connection with the appointment of persons to the DAB. (N.B., FIDIC should not suggest that such terms and conditions are agreed between the parties at that stage but merely make an enquiry as to whether such documents exist within the Contract).

Once all the above listed documents/evidence is received by FIDIC and the FIDIC Secretariat has satisfied itself (to a reasonable extent) that FIDIC has the power to appoint by virtue of contractual agreement, the Secretariat should proceed to the next step, selection of possible nominees.

2. Selection of possible appointees

The Secretariat, taking due cognisance of restrictions (if any) placed on, for example, the nationality or requisite experience of the DAB members as previously agreed by the parties and of the nature of the construction to be undertaken, selects from the President's List a shortlist of at least three persons but not more than five persons whom the Secretariat considers comply with the requirement of the parties and who are believed to possess sufficient skills, experience, etc. for the appointment.

The FIDIC Secretariat then contacts the Chair of APA by telephone and advises the Chair that he/she is to be consulted on a Presidential appointment. In the event that the APA Chair cannot be contacted, FIDIC shall contact either one of the other two members of the APA and request that they deputise for the APA Chair in this matter.

The names of the short-listed candidates are then sent by FIDIC and by e-mail and fax to the Chair of APA (or in his/her absence to his/her deputy) together with an updated schedule of all those on the President's List and details of their Presidential appointments to date (such schedule should be regularly updated by the Secretariat so it is readily available for dispatch to the Chair APA or his/her deputy as and when required). FIDIC should also advise the Chair of APA or his/her deputy of any particular terms, conditions or requirements associated with the DAB members as agreed between the parties (this might include a predetermined rate of remuneration agreed between the parties).

The Chair of APA or his/her deputy, consulting the other members of APA when necessary, shall rank the short-listed candidates. The APA's first choice shall be Candidate 1, etc. The Chair of APA or his/her deputy shall notify FIDIC of these rankings.

FIDIC, upon receipt of the rankings from the Chair of APA shall contact Candidate 1 and enquire if that person would be willing to be nominated. All terms, conditions and requirements of the parties should be notified to candidate 1 at that stage. If Candidate 1 accepts the appointment in principle FIDIC should enquire from Candidate 1 that no conflicts arise that could preclude Candidate 1 from being and being seen as impartial and independent. A "recent" CV should be requested in the event that Candidate 1 considers the FIDIC President's List CV is out of date.

If for any reason Candidate 1 declines the appointment FIDIC repeats the process with Candidate 2., etc. Once a candidate has accepted nomination that candidate become the Proposed Appointee.

3. Notifying the parties of the proposed appointee

Under the FIDIC Contract, FIDIC is obliged to duly consult the Parties prior to making an appointment (Sub-Clause 20.3).

FIDIC shall discharge this obligation by notifying both parties to the contract that "the President/official named is considering appointing Mr/Ms A.N. Other to the DAB for Contract XXX in the capacity as Member/Chairman and that Mr/Ms Other's CV is attached. Should either party have reasons why Mr/Ms Other is unsuitable for appointment to the DAB such reasons should be communicated to the FIDIC secretariat within 48 hours of the receipt of this notification and, in the event that FIDIC, in its sole discretion, considers that such reasons justify a reselection, this will be undertaken and the parties notified accordingly. Objections to Mr/Ms Other that are of a general nature rather than specifically related to his or her suitability for this particular appointment are unlikely to result in reselection".

If no objections are received or if those that are received are not considered to disqualify Mr/Ms Other from undertaking the appointment (and FIDIC should consult Chair of APA or his deputy in such cases), FIDIC formally notifies the parties and Mr/Ms Other of the appointment.

In the event that objections are considered to warrant reselection, FIDIC notifies Mr/Ms Other that he will not be nominated (without giving reasons) and proceed to progress the next highest Candidate on the shortlist.

This procedure is repeated until an appointment is made.

Once made, FIDIC updates the schedule of appointments with the details of the appointment made.