ABSTRACT
In August 2014, the Chartered Institute of Arbitrators (CIArb) published a set of international commercial dispute board (DB) rules. This chapter discusses dispute boards as a dispute resolution mechanism and the manner in which the new CIArb Rules apply by comparison with the other leading forms of dispute board rules. Dispute resolution boards (DRB) are required to make non-binding recommendations about disputes arising during a project. The CIArb Dispute Board Rules can be incorporated into any commercial, or construction, project by inserting one of two alternative sets of dispute board clauses; one for dispute adjudication boards (DAB) and one for DRBs. Combined dispute boards (CDB) are a hybrid between the DRB and DAB, whereby CDBs are empowered to issue recommendations, but also temporarily binding decisions. Although DAB decisions under the Federation Internationale Des Ingenieurs-Conseils DB Rules are expressly stated to be binding upon the parties, prior to finality being achieved.
