Podcast
Questions and Answers
What is the purpose of the meetings and Site visits by the DAAB?
What is the purpose of the meetings and Site visits by the DAAB?
- To conduct informal written notes to the Parties
- To enable the DAAB to gather information and assist in avoiding disputes (correct)
- To establish a schedule of planned meetings and Site visits
- To interpret the DAAB’s Activities
What is the primary objective of the Rules mentioned in the text?
What is the primary objective of the Rules mentioned in the text?
- To interpret the DAAB’s Activities
- To conduct informal written notes to the Parties
- To facilitate the avoidance of Disputes and resolve any arising Dispute efficiently (correct)
- To establish a schedule of planned meetings and Site visits
When does the DAAB give Informal Assistance according to the Rules?
When does the DAAB give Informal Assistance according to the Rules?
- At the discretion of the DAAB
- Only by an informal written note to the Parties
- During discussions at any meeting with the Parties (correct)
- Only during face-to-face meetings with the Parties
What is the purpose of convening a face-to-face meeting with the Parties as soon as practicable after the DAAB is appointed?
What is the purpose of convening a face-to-face meeting with the Parties as soon as practicable after the DAAB is appointed?
What is the role of the DAAB in using its powers under the Contract and these Rules?
What is the role of the DAAB in using its powers under the Contract and these Rules?
What is the purpose of interpreting the DAAB’s Activities according to the Rules?
What is the purpose of interpreting the DAAB’s Activities according to the Rules?
When must the objecting Party challenge a DAAB Member?
When must the objecting Party challenge a DAAB Member?
Where can the procedure for challenging a DAAB Member be found?
Where can the procedure for challenging a DAAB Member be found?
What happens if no response is given by the DAAB Member within 7 days?
What happens if no response is given by the DAAB Member within 7 days?
What is the consequence if the challenge is not referred within the period of 7 days stated in the response?
What is the consequence if the challenge is not referred within the period of 7 days stated in the response?
Who administers the challenge of a DAAB Member?
Who administers the challenge of a DAAB Member?
To whom should the objecting Party simultaneously copy the response?
To whom should the objecting Party simultaneously copy the response?
What authority does the DAAB have in deciding on its own jurisdiction?
What authority does the DAAB have in deciding on its own jurisdiction?
What can the DAAB do in the absence of a non-compliant party?
What can the DAAB do in the absence of a non-compliant party?
What is the DAAB's discretion in deciding the extent of its powers under the contract?
What is the DAAB's discretion in deciding the extent of its powers under the contract?
What is the DAAB's obligation regarding the payment of financing charges?
What is the DAAB's obligation regarding the payment of financing charges?
What is the DAAB's obligation regarding the consideration of relevant circumstances?
What is the DAAB's obligation regarding the consideration of relevant circumstances?
What is the DAAB's power regarding the conduct of hearings?
What is the DAAB's power regarding the conduct of hearings?
Who is responsible for coordinating each meeting and Site visit?
Who is responsible for coordinating each meeting and Site visit?
When can the DAAB hold meetings with the Parties by telephone or video conference?
When can the DAAB hold meetings with the Parties by telephone or video conference?
Under what circumstances can either Party request an urgent meeting or Site visit by the DAAB?
Under what circumstances can either Party request an urgent meeting or Site visit by the DAAB?
Who receives copies of the report prepared by the DAAB at the conclusion of each meeting or Site visit?
Who receives copies of the report prepared by the DAAB at the conclusion of each meeting or Site visit?
What is the language for communications and documents between the DAAB and a Party?
What is the language for communications and documents between the DAAB and a Party?
What is the DAAB empowered to review?
What is the DAAB empowered to review?
What happens if a DAAB member fails to attend a hearing?
What happens if a DAAB member fails to attend a hearing?
When can a party request a correction for typographical errors in the decision?
When can a party request a correction for typographical errors in the decision?
What happens if the DAAB finds an error in its decision?
What happens if the DAAB finds an error in its decision?
What is the procedure for objecting to a DAAB member?
What is the procedure for objecting to a DAAB member?
How does the DAAB handle a request for clarification of its decision?
How does the DAAB handle a request for clarification of its decision?
What happens if a DAAB member's agreement is terminated?
What happens if a DAAB member's agreement is terminated?
Study Notes
FIDIC Dispute Adjudication Board (DAAB) Decision-Making Process
- The DAAB meets in private to discuss and prepare its decision, aiming for a unanimous decision, but a majority decision is made if unanimity is not possible.
- If a DAAB member fails to attend a hearing or fulfill a required function, the other members proceed to make a decision, unless exceptional circumstances are notified.
- If the DAAB finds an error in its decision, it may adjourn the hearing for informal assistance and issue an addendum to its original decision within 14 days.
- A party can request a correction for typographical, clerical, or arithmetical errors in the decision within 14 days of receiving it.
- A party can also request clarification if they believe the decision contains an ambiguity within 14 days of receiving it, and the DAAB must respond within 14 days.
- The DAAB can decline a request for clarification at its discretion but may correct its decision with an addendum if an error or ambiguity is found.
- An addendum issued by the DAAB becomes part of the decision, and the dissatisfaction period is calculated from the date the parties receive the addendum.
- If a DAAB member's agreement is terminated, the DAAB continues with the remaining members, but they cannot conduct a hearing or make a decision until a replacement is agreed upon.
- The objection procedure against a DAAB member involves the objecting party notifying the DAAB member and providing reasons and supporting particulars within 7 days of becoming aware of the objection.
- The objected DAAB member must respond to the objecting party within 7 days of receiving the notice, and the objection must be copied to the other party and the other DAAB members.
- The objection temporarily suspends the decision period, and when a replacement DAAB member is appointed, the full decision period applies from the replacement's appointment date.
- There is a challenge procedure in place for challenging a DAAB member, which involves a challenge notice, response, and a decision by the remaining DAAB members.
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Description
Learn about the decision-making process of the Dispute Adjudication Board (DAAB) under the FIDIC contract, including procedures for decision preparation, correction requests, addendums, member objections, and challenges.
