Podcast
Questions and Answers
Who is responsible for paying the remuneration of the appointing entity or official?
Who is responsible for paying the remuneration of the appointing entity or official?
- The Contractor
- Both the Contractor and the Employer (correct)
- The Engineer
- The Employer
Under what conditions should the Parties jointly request the DAAB for assistance or informal discussion?
Under what conditions should the Parties jointly request the DAAB for assistance or informal discussion?
- If the Engineer requires additional assistance
- If the Employer wants to terminate the Contract
- If the Contractor fails to fulfill their obligations
- In case of any disagreement during the performance of the Contract (correct)
What happens if the Contractor pays the remuneration in full?
What happens if the Contractor pays the remuneration in full?
- The Contractor includes one-half of the amount in a Statement and the Employer pays the Contractor (correct)
- The Contractor is not required to include any amount in a Statement
- The DAAB provides financial assistance to the Contractor
- The Employer pays the remuneration in full
What does the DAAB Agreement govern?
What does the DAAB Agreement govern?
What is the consequence if the Employer pays the remuneration in full?
What is the consequence if the Employer pays the remuneration in full?
What is the monthly services fee and daily fee based on?
What is the monthly services fee and daily fee based on?
What is the primary purpose of the DAAB Agreement?
What is the primary purpose of the DAAB Agreement?
What is the consequence of the Parties jointly requesting the DAAB for assistance?
What is the consequence of the Parties jointly requesting the DAAB for assistance?
What is the responsibility of each Party regarding the remuneration of the appointing entity or official?
What is the responsibility of each Party regarding the remuneration of the appointing entity or official?
Under what circumstances should the Engineer include one-half of the remuneration as a deduction under Sub-Clause 14.6.1?
Under what circumstances should the Engineer include one-half of the remuneration as a deduction under Sub-Clause 14.6.1?
What is the time limit for referring a dispute to the DAAB for a decision?
What is the time limit for referring a dispute to the DAAB for a decision?
What happens if a party fails to refer a dispute to the DAAB within the specified period?
What happens if a party fails to refer a dispute to the DAAB within the specified period?
When must the DAAB provide its decision after receiving a reference?
When must the DAAB provide its decision after receiving a reference?
What happens if a decision by the DAAB requires a payment?
What happens if a decision by the DAAB requires a payment?
How long does a party have to give a Notice of Dissatisfaction (NOD) if dissatisfied with the DAAB's decision?
How long does a party have to give a Notice of Dissatisfaction (NOD) if dissatisfied with the DAAB's decision?
What happens if no NOD has been given within 28 days after receiving the DAAB's decision?
What happens if no NOD has been given within 28 days after receiving the DAAB's decision?
What is the responsibility of the employer with regard to the Engineer's compliance with the DAAB decision?
What is the responsibility of the employer with regard to the Engineer's compliance with the DAAB decision?
What is the effect of the reference of a dispute to the DAAB on any applicable statute of limitation or prescription period?
What is the effect of the reference of a dispute to the DAAB on any applicable statute of limitation or prescription period?
What is the status of the DAAB's informal assistance advice in future dispute resolution processes or decisions?
What is the status of the DAAB's informal assistance advice in future dispute resolution processes or decisions?
When is the reference to the DAAB deemed to be received?
When is the reference to the DAAB deemed to be received?
What is the time limit for giving a 'Notice of Dissatisfaction with the DAAB’s Decision' (NOD) after receiving the DAAB’s decision?
What is the time limit for giving a 'Notice of Dissatisfaction with the DAAB’s Decision' (NOD) after receiving the DAAB’s decision?
When can arbitration commence if no attempt to settle the dispute amicably is made?
When can arbitration commence if no attempt to settle the dispute amicably is made?
Under which rules will the dispute be finally settled by international arbitration if not settled amicably and not finalized by the DAAB?
Under which rules will the dispute be finally settled by international arbitration if not settled amicably and not finalized by the DAAB?
What power do the arbitrator(s) have regarding the DAAB’s decision relevant to the dispute?
What power do the arbitrator(s) have regarding the DAAB’s decision relevant to the dispute?
In dealing with costs of the arbitration, what may the arbitrator(s) consider regarding a Party's failure to cooperate in constituting a DAAB?
In dealing with costs of the arbitration, what may the arbitrator(s) consider regarding a Party's failure to cooperate in constituting a DAAB?
Are parties limited in the arbitration proceedings to the evidence or arguments previously put before the DAAB?
Are parties limited in the arbitration proceedings to the evidence or arguments previously put before the DAAB?
When is a payment required by an award immediately due and payable?
When is a payment required by an award immediately due and payable?
In case of non-compliance with the DAAB’s decision, what action may the other Party take?
In case of non-compliance with the DAAB’s decision, what action may the other Party take?
In the absence of a DAAB, what is the process for resolving a dispute?
In the absence of a DAAB, what is the process for resolving a dispute?
When do Sub-Clause 21.4 [Obtaining DAAB’s Decision] and Sub-Clause 21.5 [Amicable Settlement] not apply?
When do Sub-Clause 21.4 [Obtaining DAAB’s Decision] and Sub-Clause 21.5 [Amicable Settlement] not apply?
Study Notes
FIDIC 2017 Conditions of Contract for Construction
- Parties may give a "Notice of Dissatisfaction with the DAAB’s Decision" (NOD) to the other Party within 28 days of receiving the DAAB’s decision.
- Both Parties must attempt to settle the dispute amicably before arbitration, but arbitration may commence 28 days after the NOD is given if no settlement attempt is made.
- Any dispute not settled amicably and not finalized by the DAAB will be finally settled by international arbitration under the Rules of Arbitration of the International Chamber of Commerce.
- The arbitrator(s) have the power to review and revise any decision of the DAAB relevant to the dispute.
- The arbitrator(s) may consider the extent of a Party's failure to cooperate in constituting a DAAB when dealing with costs of the arbitration.
- Parties are not limited in the arbitration proceedings to the evidence or arguments previously put before the DAAB.
- If an award requires a payment, it is immediately due and payable without further certification or notice.
- In case of non-compliance with the DAAB’s decision, the other Party may refer the failure directly to arbitration, and the arbitral tribunal may order enforcement of that decision.
- In the absence of a DAAB, the dispute may be referred directly to arbitration without applying the amicable settlement process.
- The arbitration shall be conducted in the ruling language defined in Sub-Clause 1.4 [Law and Language].
- Sub-Clause 21.4 [Obtaining DAAB’s Decision] and Sub-Clause 21.5 [Amicable Settlement] do not apply when there is no DAAB in place, and the dispute may be referred directly to arbitration.
- The document is restricted for distribution within the Lexis Nexis platform and not for contract use.
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Description
Explore the key provisions and procedures for dispute resolution in the FIDIC 2017 Conditions of Contract for Construction, including the process for arbitration, settlement attempts, and enforcement of decisions. Test your understanding of the NOD, amicable settlement, international arbitration, and the role of the DAAB in resolving disputes.
