Podcast
Questions and Answers
According to the text, who is responsible for paying the remuneration?
According to the text, who is responsible for paying the remuneration?
- Both Parties equally (correct)
- The Contractor
- The DAB
- The Employer
If the Parties agree to refer a matter to the DAB, can either Party consult the DAB without the agreement of the other Party?
If the Parties agree to refer a matter to the DAB, can either Party consult the DAB without the agreement of the other Party?
- Yes, either Party can consult the DAB without agreement
- Only the Employer can consult the DAB without agreement
- No, neither Party can consult the DAB without agreement (correct)
- Only the Contractor can consult the DAB without agreement
When can the Parties appoint a replacement for a member of the DAB?
When can the Parties appoint a replacement for a member of the DAB?
- Only if a member declines to act
- If both Parties agree or a member declines to act (correct)
- If the Employer agrees to the replacement
- If one Party wishes to replace a member
Can the Employer or the Contractor terminate the appointment of a DAB member alone?
Can the Employer or the Contractor terminate the appointment of a DAB member alone?
When does the appointment of the DAB expire?
When does the appointment of the DAB expire?
What happens if a member of the DAB is unable to act?
What happens if a member of the DAB is unable to act?
Can the Parties appoint a replacement for a member of the DAB if a member wishes to resign?
Can the Parties appoint a replacement for a member of the DAB if a member wishes to resign?
According to the Conditions of Contract, who should not request advice from or consultation with the Member regarding the Contract?
According to the Conditions of Contract, who should not request advice from or consultation with the Member regarding the Contract?
What is one of the obligations of the Employer and the Contractor concerning the Member's involvement in arbitration?
What is one of the obligations of the Employer and the Contractor concerning the Member's involvement in arbitration?
What is the Member prohibited from doing without prior agreement from the Employer, the Contractor, the Member, and the Other Members?
What is the Member prohibited from doing without prior agreement from the Employer, the Contractor, the Member, and the Other Members?
What is one of the conditions for the Member's availability to give advice and opinions on any matter relevant to the Contract?
What is one of the conditions for the Member's availability to give advice and opinions on any matter relevant to the Contract?
What is the responsibility of the Employer and the Contractor regarding the Member's involvement in arbitration?
What is the responsibility of the Employer and the Contractor regarding the Member's involvement in arbitration?
What is the Member prohibited from doing without prior written consent?
What is the Member prohibited from doing without prior written consent?
What is one of the General Obligations of the Employer and the Contractor concerning the Member?
What is one of the General Obligations of the Employer and the Contractor concerning the Member?
What is one of the Conditions of Contract for the Member?
What is one of the Conditions of Contract for the Member?
What is one of the obligations of the Employer and the Contractor concerning the Member's involvement in arbitration?
What is one of the obligations of the Employer and the Contractor concerning the Member's involvement in arbitration?
What happens if the Parties fail to agree upon the appointment of the third member (to act as chairman) of the Dispute Adjudication Board (DAB) by the specified date?
What happens if the Parties fail to agree upon the appointment of the third member (to act as chairman) of the Dispute Adjudication Board (DAB) by the specified date?
What is the responsibility of each Party in terms of paying the remuneration of the appointing entity or official if the DAB is appointed by the appointing entity or official?
What is the responsibility of each Party in terms of paying the remuneration of the appointing entity or official if the DAB is appointed by the appointing entity or official?
What is the time frame for the DAB to give its decision upon receiving a dispute reference?
What is the time frame for the DAB to give its decision upon receiving a dispute reference?
What happens if the DAB fails to give its decision within the specified period after receiving a dispute reference?
What happens if the DAB fails to give its decision within the specified period after receiving a dispute reference?
What is the requirement for attempting to settle a dispute amicably before commencing arbitration?
What is the requirement for attempting to settle a dispute amicably before commencing arbitration?
What is the language for communications defined in Sub-Clause 1.4 [Law and Language] for the arbitration process?
What is the language for communications defined in Sub-Clause 1.4 [Law and Language] for the arbitration process?
What power do the arbitrators have in the arbitration process?
What power do the arbitrators have in the arbitration process?
According to the text, what happens if a Party fails to comply with the DAB's decision?
According to the text, what happens if a Party fails to comply with the DAB's decision?
When does the Dispute Adjudication Agreement take effect?
When does the Dispute Adjudication Agreement take effect?
What action can the Member take if they want to resign from the Dispute Adjudication Agreement?
What action can the Member take if they want to resign from the Dispute Adjudication Agreement?
What is a requirement for the Member when appointing the Member?
What is a requirement for the Member when appointing the Member?
What is a general obligation of the Member according to the text?
What is a general obligation of the Member according to the text?
What does the Dispute Adjudication Agreement require regarding the Member's relationships?
What does the Dispute Adjudication Agreement require regarding the Member's relationships?
What does the Member agree to regarding their independence?
What does the Member agree to regarding their independence?
What is the time frame for a party to give notice of dissatisfaction if the DAB fails to give its decision within the specified period after receiving a dispute reference?
What is the time frame for a party to give notice of dissatisfaction if the DAB fails to give its decision within the specified period after receiving a dispute reference?
When can arbitration commence in relation to the completion of the construction works?
When can arbitration commence in relation to the completion of the construction works?
What is the language for communications defined in Sub-Clause 1.4 [Law and Language] for the arbitration process?
What is the language for communications defined in Sub-Clause 1.4 [Law and Language] for the arbitration process?
What happens if no notice of dissatisfaction is given within 28 days after the DAB's decision?
What happens if no notice of dissatisfaction is given within 28 days after the DAB's decision?
What is the process for obtaining a DAB decision and the subsequent arbitration process outlined in?
What is the process for obtaining a DAB decision and the subsequent arbitration process outlined in?
What power do the arbitrators have in the arbitration process?
What power do the arbitrators have in the arbitration process?
What is the requirement if a notice of dissatisfaction is given before commencing arbitration?
What is the requirement if a notice of dissatisfaction is given before commencing arbitration?
What is the time frame for the Employer and Contractor to give notice for the Dispute Adjudication Agreement (DAA) to be valid?
What is the time frame for the Employer and Contractor to give notice for the Dispute Adjudication Agreement (DAA) to be valid?
What is the notice period required for the Member to resign from the Dispute Adjudication Agreement (DAA)?
What is the notice period required for the Member to resign from the Dispute Adjudication Agreement (DAA)?
What is the consequence of failing to comply with the DAB's decision if neither party gives notice of dissatisfaction within the stated period?
What is the consequence of failing to comply with the DAB's decision if neither party gives notice of dissatisfaction within the stated period?
What must the Member disclose regarding their relationships with the Employer, Contractor, or Engineer?
What must the Member disclose regarding their relationships with the Employer, Contractor, or Engineer?
What action can be taken if a dispute arises and there is no DAB in place?
What action can be taken if a dispute arises and there is no DAB in place?
What is the requirement for the Member's employment during the DAA?
What is the requirement for the Member's employment during the DAA?
What happens if a Party fails to comply with the DAB's decision?
What happens if a Party fails to comply with the DAB's decision?
Study Notes
Dispute Adjudication Agreement Summary
- The Dispute Adjudication Agreement (DAA) is a tripartite agreement between the Employer, Contractor, and the Member (DAB).
- The DAA takes effect upon the latest of specific dates and requires notice from both the Employer and the Contractor within six months to be valid.
- The employment of the Member is personal, and they can resign with a 70-day notice.
- The DAA cannot be assigned or subcontracted without prior written agreement from all parties involved.
- The Member must be impartial, independent, experienced in the work and language defined in the Contract, and have no financial interest in the Contract except for payment under the DAA.
- The Member must disclose any circumstances inconsistent with their impartiality and independence.
- The Member must not have any previous undisclosed employment with the Employer, Contractor, or Engineer and must disclose any relationships with them.
- The Member cannot be employed by the Employer, Contractor, or Engineer during the DAA, unless agreed in writing by all parties involved.
- The Member must comply with the annexed procedural rules and Sub-Clause 20.
- If neither party gives notice of dissatisfaction within the stated period, and the DAB's decision becomes final and binding, failure to comply can lead to arbitration.
- If a dispute arises and there is no DAB in place, the dispute may be referred directly to arbitration.
- Words and expressions not defined in the DAA have the meanings assigned to them in the Contract.
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Description
This summary provides an overview of the key provisions in the Dispute Adjudication Agreement (DAA) which is a tripartite agreement between the Employer, Contractor, and the Member (DAB). It covers the effective dates, notice requirements, conditions for the impartiality and independence of the Member, procedural rules, and the process for arbitration.
