Best Practice in the Training, Appointment, and Remuneration of Members of Dispute Boards for Large Infrastructure Projects

Abstract

AbstractThis paper reports part of a qualitative study into evolving practice in the implementation of the dispute adjudication board (DAB) construction dispute resolution technique, a variant of the dispute review board (DRB) concept used in the United States and Canada. Data were collected through a focus group interview of 20 highly experienced dispute resolution practitioners from engineering and the law. The group was assembled from members of FIDIC-NET with direct experience of project DABs. The part reported here concerns practice and procedure for establishing DABs. The main findings are that the constitution of DABs is often delayed because of either project owners’ ignorance of the DAB process or deterrence by the cost of the DABs; such owners also tend to insist on appointing DAB members from local engineers and lawyers without sufficient understanding of the DAB process; rates of remuneration of DAB members vary widely; the training provision for DAB membership and advocacy skills is inadequat...