37 Questions
What organization's Rules of Arbitration would apply to settle any dispute arising from the DAA Agreement?
International Chamber of Commerce
Under what circumstances can the Parties object against the DAAB Member?
Alleged lack of independence or impartiality
How many members jointly are entitled to object against the DAAB Member in the case of a three-member DAAB?
One of the Other Members
Which set of rules would apply for the appointment of one arbitrator in accordance with the Rules of Arbitration?
Article 30 and the Expedited Procedure Rules
Where is the document 'Conditions of Contract for Construction' restricted for distribution?
Lexis Nexis platform
What organization published the 'Conditions of Contract for Construction' in 2017?
FIDIC
Under which set of rules would the Rule 10 Objection Procedure and Rule 11 Challenge Procedure apply?
DAAB Rules
What organization's General Conditions are mentioned in the text?
FIDIC
Which organization's Expedited Procedure Rules would apply?
International Chamber of Commerce
What happens if the Parties and the DAA member fail to agree on the monthly or daily fee?
The DAA member's proposed fee will temporarily apply
When must the DAA member submit invoices for monthly fees and airfares?
Quarterly in advance
What happens if the Contractor fails to pay the DAA member?
The Employer is responsible for payment and can seek reimbursement from the Contractor
When can the DAA member suspend services or resign from their appointment?
If payment is not received within 56 days
How long does the appointing entity or official have to set the amount of the non-agreed fee?
Within 28 days of receiving an application
Under what conditions can the DAA member resign?
By giving a 28-day notice
What governs the DAA Agreement?
FIDIC 2017 guidelines
What is the period of notification required for joint termination of the DAA Agreement?
45 days
Under what circumstances can the DAAB Member terminate the DAA Agreement?
If the parties fail to comply with specified clauses
What happens to the resigned or terminated DAAB Member's outstanding fees and expenses?
They are entitled to outstanding fees and expenses
What is the status of the DAAB Member's confidentiality obligations after resignation or termination?
Confidentiality obligations continue to apply
When does the Decision on the Challenge under Rule 11 of the DAAB Rules become final and conclusive?
Immediately after the challenge
What happens if the challenge against the DAAB Member is successful?
The decision given by the DAAB becomes void and ineffective
What action is required for the termination of the DAA Agreement?
No action is required other than as stated in the Clause
What is the duration for which the monthly fee is to be paid?
From the last day of the month of the Effective Date until the end of the month in which the Term of the DAAB expires
Under what conditions are matters not covered by the monthly fee deemed to be covered?
If no monthly fee is stated in the DAA Agreement
Who specifies the amounts of the DAAB Member’s monthly fee and daily fee?
The Parties and the DAAB Member as specified in the DAA Agreement
What does the document 'Conditions of Contract for Construction' restrict?
Distribution within the Lexis Nexis platform
What services are covered by the daily fee under the Clause?
All services performed except those referred to in sub-paragraphs (b) and (c) of this Clause
What governs the DAA Agreement regarding the fees?
The DAA Agreement signed by the Parties and the DAAB Member
When must the DAAB Member submit invoices for monthly fees and airfares?
As specified in the DAA Agreement
What is the duration for which the fee shall be paid monthly?
From the last day of the month of the Effective Date until the end of the month in which the Term of the DAAB expires
Under what circumstances will the matters described in sub-paragraphs (i) to (iv) be covered by the daily fee?
If no monthly fee is stated in the DAA Agreement
Who specifies the amounts of the DAAB Member’s monthly fee and daily fee?
The Parties and the DAAB Member as specified in the DAA Agreement
Which services are not covered by the daily fee?
All services performed except those referred to in sub-paragraphs (b) and (c) of the Clause
When should the monthly fee be paid?
With effect from the last day of the month in which the Effective Date occurs
Under what circumstances will the daily fee cover the matters described in sub-paragraphs (i) to (iv)?
If no monthly fee is stated in the DAA Agreement
Who is responsible for the distribution of the document?
Lexis Nexis platform
Study Notes
Resignation and Termination in Dispute Adjudication Agreement (DAA)
- Resigning DAAB Member’s DAA Agreement terminates immediately after the stated period, except in cases of illness or disability or ongoing dispute resolution.
- Parties can jointly terminate the DAA Agreement by giving a 42-day Notification to the DAAB Member.
- Parties can jointly terminate the DAA Agreement if the DAAB Member fails to comply with specified clauses.
- The DAAB Member can terminate the DAA Agreement if either Party fails to comply with Clause 6, without justifiable excuse.
- Resignation or termination under this Clause is final and binding on the Parties and the DAAB Member.
- The resigned or terminated DAAB Member is entitled to outstanding fees and expenses under the DAA Agreement.
- After resignation or termination, the DAAB Member remains bound by confidentiality obligations and must return any documents in their possession.
- Termination of the DAA Agreement requires no action other than as stated in the Clause, subject to governing law requirements.
- The Decision on the Challenge under Rule 11 of the DAAB Rules is final and conclusive.
- The challenged DAAB Member may resign before the Decision on the Challenge is issued, and the challenging Party shall inform the International Chamber of Commerce (ICC).
- If the challenge is successful, the challenged DAAB Member's appointment is terminated immediately, and they are not entitled to fees or expenses from the date of the notification of the Decision on the Challenge by ICC.
- In the case of a successful challenge, any decision given by the DAAB becomes void and ineffective, and a replacement DAAB Member must be appointed promptly.
Test your knowledge of the resignation and termination procedures outlined in the Dispute Adjudication Agreement (DAA) including provisions for joint termination, resignation due to non-compliance, entitlements after resignation, and challenges to DAAB Members' appointments.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
