Podcast
Questions and Answers
What organization's Rules of Arbitration would apply to settle any dispute arising from the DAA Agreement?
What organization's Rules of Arbitration would apply to settle any dispute arising from the DAA Agreement?
- United Nations
- International Chamber of Commerce (correct)
- World Trade Organization
- International Court of Justice
Under what circumstances can the Parties object against the DAAB Member?
Under what circumstances can the Parties object against the DAAB Member?
- Disagreement on the arbitration process
- Alleged lack of independence or impartiality (correct)
- Preference for a different arbitration organization
- Perceived bias against one of the Parties
How many members jointly are entitled to object against the DAAB Member in the case of a three-member DAAB?
How many members jointly are entitled to object against the DAAB Member in the case of a three-member DAAB?
- One Party
- Both Parties
- One of the Other Members (correct)
- All Members except the Chairperson
Which set of rules would apply for the appointment of one arbitrator in accordance with the Rules of Arbitration?
Which set of rules would apply for the appointment of one arbitrator in accordance with the Rules of Arbitration?
Where is the document 'Conditions of Contract for Construction' restricted for distribution?
Where is the document 'Conditions of Contract for Construction' restricted for distribution?
What organization published the 'Conditions of Contract for Construction' in 2017?
What organization published the 'Conditions of Contract for Construction' in 2017?
Under which set of rules would the Rule 10 Objection Procedure and Rule 11 Challenge Procedure apply?
Under which set of rules would the Rule 10 Objection Procedure and Rule 11 Challenge Procedure apply?
What organization's General Conditions are mentioned in the text?
What organization's General Conditions are mentioned in the text?
Which organization's Expedited Procedure Rules would apply?
Which organization's Expedited Procedure Rules would apply?
What happens if the Parties and the DAA member fail to agree on the monthly or daily fee?
What happens if the Parties and the DAA member fail to agree on the monthly or daily fee?
When must the DAA member submit invoices for monthly fees and airfares?
When must the DAA member submit invoices for monthly fees and airfares?
What happens if the Contractor fails to pay the DAA member?
What happens if the Contractor fails to pay the DAA member?
When can the DAA member suspend services or resign from their appointment?
When can the DAA member suspend services or resign from their appointment?
How long does the appointing entity or official have to set the amount of the non-agreed fee?
How long does the appointing entity or official have to set the amount of the non-agreed fee?
Under what conditions can the DAA member resign?
Under what conditions can the DAA member resign?
What governs the DAA Agreement?
What governs the DAA Agreement?
What is the period of notification required for joint termination of the DAA Agreement?
What is the period of notification required for joint termination of the DAA Agreement?
Under what circumstances can the DAAB Member terminate the DAA Agreement?
Under what circumstances can the DAAB Member terminate the DAA Agreement?
What happens to the resigned or terminated DAAB Member's outstanding fees and expenses?
What happens to the resigned or terminated DAAB Member's outstanding fees and expenses?
What is the status of the DAAB Member's confidentiality obligations after resignation or termination?
What is the status of the DAAB Member's confidentiality obligations after resignation or termination?
When does the Decision on the Challenge under Rule 11 of the DAAB Rules become final and conclusive?
When does the Decision on the Challenge under Rule 11 of the DAAB Rules become final and conclusive?
What happens if the challenge against the DAAB Member is successful?
What happens if the challenge against the DAAB Member is successful?
What action is required for the termination of the DAA Agreement?
What action is required for the termination of the DAA Agreement?
What is the duration for which the monthly fee is to be paid?
What is the duration for which the monthly fee is to be paid?
Under what conditions are matters not covered by the monthly fee deemed to be covered?
Under what conditions are matters not covered by the monthly fee deemed to be covered?
Who specifies the amounts of the DAAB Member’s monthly fee and daily fee?
Who specifies the amounts of the DAAB Member’s monthly fee and daily fee?
What does the document 'Conditions of Contract for Construction' restrict?
What does the document 'Conditions of Contract for Construction' restrict?
What services are covered by the daily fee under the Clause?
What services are covered by the daily fee under the Clause?
What governs the DAA Agreement regarding the fees?
What governs the DAA Agreement regarding the fees?
When must the DAAB Member submit invoices for monthly fees and airfares?
When must the DAAB Member submit invoices for monthly fees and airfares?
What is the duration for which the fee shall be paid monthly?
What is the duration for which the fee shall be paid monthly?
Under what circumstances will the matters described in sub-paragraphs (i) to (iv) be covered by the daily fee?
Under what circumstances will the matters described in sub-paragraphs (i) to (iv) be covered by the daily fee?
Who specifies the amounts of the DAAB Member’s monthly fee and daily fee?
Who specifies the amounts of the DAAB Member’s monthly fee and daily fee?
Which services are not covered by the daily fee?
Which services are not covered by the daily fee?
When should the monthly fee be paid?
When should the monthly fee be paid?
Under what circumstances will the daily fee cover the matters described in sub-paragraphs (i) to (iv)?
Under what circumstances will the daily fee cover the matters described in sub-paragraphs (i) to (iv)?
Who is responsible for the distribution of the document?
Who is responsible for the distribution of the document?
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
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.
