ABSTRACT
The Dispute Avoidance/Adjudication Board and the Resolution of Disputes are covered in the Federation Internationale des Ingenieurs-Conseils (FIDIC) 2017 Contracts by the Clause 21. Under FIDIC 2017 the Parties are jointly required to appoint a Dispute Avoidance/Adjudication Board (DAAB) at the start of the Contract, which must visit the Site on a regular basis, and will remain in place for the duration of the Contract. The DAAB consists of either one or three members, the default being three members, with members’ names being selected from a list within the Contract Data. Amicable Settlement could include a meeting between the Parties, or possibly mediation/conciliation. The key is to exhaust all efforts at resolving the Dispute before it goes to arbitration if arbitration cannot be avoided altogether. At the Hearing, the parties are entitled to legal representation should they wish, though they should be made aware that the Arbitrator has the power equivalent to a judge in litigation.
