The role and function of the dispute adjudication board (dab) in the fidic forms of contracts

Abstract

Dispute Adjudication Boards (DABs) can be categorized as form of alternative dispute resolution methods, or more specifically they can fall under the generic category of adjudication. They originate from the USA, presented for the large civil engineering projects in 1960s. At a later stage they were introduced as mandatory under the International Organization of Consulting Engineers ( FIDIC) 1999 edition. Currently, the FIDIC forms of contracts provide for standing and ad hoc DABs, slowly shifting to standing by default, comprised of one or three members. The DAB member(s) have broad authorities, including the inquisitorial powers, the possibility to inspect and make insight of the construction site. The procedure in front of the DAB has many similarities with the arbitration procedure, especially in the preparation and filing of the written submissions. The same can be said for conducting the hearings, the order of presenting the arguments at the hearings, the proposal and questioning of witnesses. However, the DABs timeline is denser, and the DAB is free to determine its procedural rules and the parties are free to agree on certain procedural aspects. The benefit of the DABs can be described as a means of resolving disputes by avoiding cost, time and inflexibility. The main dilemma which will be addressed in this Article is whether the DABs are suitable for solving more complex construction disputes. In that respect the DAB in more complex disputes is a “preface” of the arbitration to come, or as the new 2017 FIDIC edition states “condition precedent to arbitration”