Table of Contents. The Author. Foreword. Chapter 1. The Dispute Board Concept . What is a Dispute Board?. What makes a Dispute Board unique? -What can be achieved byusing a Dispute Board?. Non-Binding Recommendations.
Interim binding decisions. Differences between Dispute Boards and Arbitration, Mediation,Adjudication and ADR. History of Dispute Boards. The World Bank. Harmonized contract conditions. Growth of Dispute Boards. An Overview - Composition of Dispute Review Boards and TheirOperation. The Chairperson''s Role.
Appointment and membership. Board Member Qualities. The importance of early appointment and of regular sitevisits. Routine operations. Sub-Contractors. Informal operations. Hearings. Dispute Board procedures.
Dispute Review Board costs. Why Dispute Resolution Boards work. International Aspects. The Future. Chapter 2. Type of Dispute Boards . The Dispute Review Board (DRB). Dispute Board Formation.
Other Forms Of Boards Dealing With Disputes. Dispute Advisory Boards. Dispute Mediation Boards. Chapter 3. Legal Basis for Dispute Boards . Legal Systems - Overview. Common Law. History.
Common Law Countries. Civil Law. Differences Between Common and Civil Law. Civil law Countries. The Historical Development of Dispute Boards. Contemporary Legal Development of Dispute Boards. The Engineer/Arbitrator as Judge. The Engineer as Quasi-Arbitrator.
The Development of Non-Statutory Adjudication. Dispute Boards in England. Extension To International Cases. Specific Regional Differences And Methods. Germany. France. Shari''ah - Islamic Law. History.
Enforcement Provisions. Which award is sought to be enforced - Dispute Review orDispute Adjudication?. Dispute Review Board Decisions. Dispute Adjudication Board Decisions. The Form of the Dispute Board Decision. Particulars as to the Kingdom of Saudi Arabia. Particulars as to the Islamic Republic of Iran. Dispute Boards Under Common, Civil, Or Shari''ah Law.
Chapter 4. Case Histories . Dispute Boards in Operation. Historical Cases. China. Ertan Hydroelectric Project. Special factors. Africa.
Katse Dam Project. Special factors. Hong Kong. Hong Kong Airport. Special factors. England. Docklands Railway. Special factors.
England. Saltend Private Power Plant. Special factors. Canada. Niagara Tunnel Project. China. Yellow River Diversion Project. Major Waterways.
Lead Contractors. United States of America. I-15 Reconstruction - Salt Lake City, Utah. France-England. Eurotunnel. Chapter 5. Appointing and Establishing a Dispute Board . Single Member Dispute Boards.
Two Member Dispute Boards. Three Member Dispute Boards. Mega Member Dispute Boards. Ad-Hoc Dispute Boards. Miscellaneous Situations. The Major Forms of Dispute Board Rules. The FIDIC Contracts. FIDIC Red Book.
FIDIC Yellow Book. FIDIC Silver Book. FIDIC Green Book. Points to be considered with the FIDIC Contracts. The Multilateral Development Banks. The International Chamber Of Commerce. The American Arbitration Association Rules. Board Selection.
Operating Rules. Different Meeting Requirement. Custom Format. Dispute Adjudication Board Rules for use in IndependentlyAdministered Dispute Board matters. Introductory Provisions. 4.0 Conflicts of Interest. 11.
0 Payment of Dispute Board Members. 12.0 Procedures Before The Dispute Board. 13.0 Decisions Of The Dispute Board. 15.0 General Rules. Basic Standards.
Dispute Resolution Board Guidelines in Practise. Sample - Dispute Review Board - Additional Dispute Review BoardGuidelines and Procedures. Sample - Dispute Adjudication Board - Additional DisputeAdjudication Board Guidelines and Procedures. Chapter 6. Selection of a Dispute Board . Qualifications. Good People Skills. Independence.
Independence - Guidance as to Avoidance of Bias Provided byAppointing Bodies 105. Impartiality vs. Independence. ICC Rules. Disclosure. Disclosure of Conflicts. Sample 1- Disclosure of Conflicts. Additional Qualifications.
Understanding. Qualifications. Experience. Availability. Confidentiality. Other Attributes. Where Can Dispute Board Members Be Found?. The process of selection.
Party approval. Identifying the Third Person. Selecting the chair. Lawyers as Board Members. After Selection - The Dispute Board Agreement. Form Dispute Adjudication Agreements. Sample - Dispute Adjudication Board Member Agreement- 1 Person. Sample - Dispute Adjudication Board Member Agreement- 3Person.
Sample - Ad Hoc Dispute Adjudication Board MemberAgreement - 3 Person. Sample -Ad Hoc Dispute Adjudication Board Member Agreement- 3 Person - Long Form. Default Appointments. Who can appoint if the parties are in default?. Payment of Board Members. Sample Acceptance Letter. Appointment to Dispute Adjudication Board. FIDIC Payment.
Replacing Dispute Board members. Chapter 7. Referral to a Dispute Board . Starting the process - Informal vs. Formal. Informal. Sample Request for Informal Opinion. Formal.
Sample Notice (FIDIC Proceedings). Procedural Requirements. Sample Timetable & Details. Duties of the parties. Witnesses and Witness Statements. Witness Statements - Guideline. What Witness Statements Should Contain. The importance of witness statements.
Statements by experts. Format of witness statements. Witness outlines. Chapter 8. Elements of a Referral . Referral by the Contractor. Referral by the Employer. Preliminary Matters and Setting out the Dispute.
Sample - Dispute Adjudication Board Sequence ofEvents. Dispute Adjudication Board Member Form. Sample No 1- Record of Claims form. Sample Referrals. Sample No 1 - A Dispute Adjudication Board BriefingMemorandum. Chapter 9. Site Visits . The Concept of Site Visits.
Contractual requirements. Preparation Prior to Site Visit. Sample - Site Visit Schedule Format. Establishing an agenda. Sample No 1- General Agenda Format. Sample No 2 - Detailed Agenda Format. Sample Agendas. Sample No 3- General Agenda Format.
Sample No 4- Detailed Agenda Format. Practice and Procedure at Site Visits. Criticism by Dispute Board Members. Issuing a Site Visit Report. Sample reports. Sample No 1 - Dispute Adjudication Board - SiteInspection Report. Sample No 2 - Dispute Adjudication Board Site InspectionReport. Chapter 10.
The Hearing Process . Hearing Preparation. Sample Language - 1. Sample Language - 2. Preparation Process Steps - Parties and Dispute BoardMembers. Sample - Document Receipt Schedule. Sample Hearing Notice- Sent from Chair of Dispute Board. Sample Claim Hearing Agenda.
Role of the Chair. Role of other Members. Guidelines for Operation. The Role of the Engineer. The Roles of the Owner/Employer and Contractor. Sample - Documentary Evidence Schedule. Objections from the parties. Use of Consultants/Expert Witnesses.
Lawyers at hearings. Deliberations after Hearing. Reaching a Decision. Proof. Writing the Decision. The Decision. Making and writing the Decision and time requirements. Sample Report No 1 - Dispute Resolution Board -Recommendation.
Non-Acceptance of Dispute Board Decision. Notice of Dissatisfaction. Amicable Settlement. Arbitration. Arbitration After Termination of the Dispute Board. Chapter 11. Board member Conflicts . Pre-existing conflicts of interest.
Conflicts which can develop during the Hearings. Evident Partiality. Interpretation of the Evident Partiality Standard. Ethical requirements of Board Members. The Dispute Board Federation. Code Of Ethics. Chapter 12. Removal of Board Members .
Contract Provisions. Voluntary removal. Non-voluntary removal 296. Removal by the Chair. Removal by other Board Members. Adding new Board members during proceedings. Notice of Termination of Dispute Board Member by Parties. Sample - Notice of Termination- by the parties.
Notice of Termination of Dispute Board Member by Parties. Sample - Notice of Termination - by Member. Notice of Termination by Member. Sample - Notice of Termination - by Dispute BoardChair. Notice of Termination of Dispute Board Member by Dispute BoardChair. Sample - Notice - Voluntary Resignation by Dispute Boardmember. Notice of Resignation. Sample - Notice - Voluntary Mutual TerminationAgreement.
Dispute Adjudication Board. Termination Agreement. Chapter 13. Dispute Boar.