30 Questions
What is the purpose of the meetings and Site visits by the DAAB?
To enable the DAAB to gather information and assist in avoiding disputes
What is the primary objective of the Rules mentioned in the text?
To facilitate the avoidance of Disputes and resolve any arising Dispute efficiently
When does the DAAB give Informal Assistance according to the Rules?
During discussions at any meeting 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?
To enable the DAAB to gather information and assist in avoiding disputes
What is the role of the DAAB in using its powers under the Contract and these Rules?
To achieve the expeditious, efficient and cost effective resolution of any Dispute
What is the purpose of interpreting the DAAB’s Activities according to the Rules?
To achieve the objectives of facilitating the avoidance of Disputes and resolving any arising Dispute efficiently
When must the objecting Party challenge a DAAB Member?
Within 21 days of learning of the facts upon which the challenge is based
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?
The DAAB Member shall be deemed to have given a response denying the matters on which the objection is based
What is the consequence if the challenge is not referred within the period of 7 days stated in the response?
The objecting Party shall be deemed to have agreed to the DAAB Member remaining on the DAAB
Who administers the challenge of a DAAB Member?
ICC International Centre for ADR
To whom should the objecting Party simultaneously copy the response?
The other Party and the Other Members
What authority does the DAAB have in deciding on its own jurisdiction?
It has the authority to decide on its own jurisdiction and the scope of any dispute referred to it.
What can the DAAB do in the absence of a non-compliant party?
It can proceed with its activities in the absence of a party who fails to comply with the rules.
What is the DAAB's discretion in deciding the extent of its powers under the contract?
The DAAB has discretion to decide the extent of its powers under the contract, the general conditions, and these rules.
What is the DAAB's obligation regarding the payment of financing charges?
It can decide on the payment of financing charges.
What is the DAAB's obligation regarding the consideration of relevant circumstances?
The DAAB must act fairly and impartially between the parties and consider the relevant circumstances.
What is the DAAB's power regarding the conduct of hearings?
The DAAB has the power to conduct hearings, decide on the date, place, and duration of the hearing, and request written documentation and arguments from the parties.
Who is responsible for coordinating each meeting and Site visit?
The Contractor
When can the DAAB hold meetings with the Parties by telephone or video conference?
As agreed with the Parties
Under what circumstances can either Party request an urgent meeting or Site visit by the DAAB?
With a written request and reasons for urgency
Who receives copies of the report prepared by the DAAB at the conclusion of each meeting or Site visit?
The Parties and the Engineer
What is the language for communications and documents between the DAAB and a Party?
The language defined in the Conditions of Contract, unless otherwise agreed
What is the DAAB empowered to review?
Documents forming the Contract, progress reports, the initial and revised programme, relevant instructions by the Engineer, and Variations under Clause 13
What happens if a DAAB member fails to attend a hearing?
The other members proceed to make a decision, unless exceptional circumstances are notified
When can a party request a correction for typographical errors in the decision?
Within 14 days of receiving the decision
What happens 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
What is the procedure for objecting to a DAAB member?
The objecting party notifies the DAAB member and provides reasons and supporting particulars within 7 days of becoming aware of the objection
How does the DAAB handle a request for clarification of its decision?
The DAAB must respond within 14 days of receiving the request
What happens 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
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.
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.
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