ABSTRACT
The use of Dispute Boards under FIDIC contracts, both standing and ad hoc, is discussed in Chapter 27. Whilst the 1999 First Editions of the Yellow and Silver Books only provided for an ad hoc Dispute Board, implemented after a dispute has arisen, the 2017 Second Editions provide for a standing Dispute Avoidance/Adjudication Board, in which the Board’s dispute avoidance role is emphasised. The question of whether a Dispute Board decision is a pre-requisite to referring a dispute to arbitration is considered in the light of published court and arbitration cases. The controversial issue of a provisionally binding Dispute Board decision is considered by reviewing the long-running saga of the PT Perusahaan Gas Negara (Persero) TBK (PGN) and CRW Joint Operation (CRW) cases in the Singapore High Court and Court of Appeal.
