chapter  14
29 Pages

Enforcement of DAB decisions under the FIDIC 1999 Forms of Contract

WithTaner Dedezade

This chapter focuses on enforcement of Dispute Adjudication Board (DAB) decisions under International Federation of Consulting Engineers (FIDIC) 1999 Contracts. It considers the issues that arise under the FIDIC 1999 forms in relation to the enforcement of 'non-final' DAB decisions. The chapter discusses are not entirely redundant if the FIDIC form is amended in line with the Guidance Memorandum as even with a clear contractual mechanism to enforce the DAB's decision, questions still arise as to what sort of award should be issued by an arbitrator. It seeks to identify the practical issues, the theoretical issues and the solutions put forward. The chapter suggests that whilst the intention behind Sub-Clause 20.7 is very interesting, it does not aid the interpretation of how to fill the gap in the contract as drafted. Whatever was intended by FIDIC or Mr Seppala is irrelevant.