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ARTICLE · 27 FEBRUARY 2012

A Guide To Using A Dispute Adjudication Board

Prior to 1987, the FIDIC suite of contracts did not contain any reference to a dispute adjudication board (DAB).

South AfricaReal Estate and Construction

Prior to 1987, the FIDIC suite of contracts did not contain any reference to a dispute adjudication board (DAB). When the 1999 first editions were published, the DAB was included in all 3 major FIDIC standard forms of contract. The introduction of the DAB can be directly linked to the Contractor's reliance on the Engineer's determination prior to instituting arbitral proceedings. The Employer's relationship to the Engineer was then, as it is now, a controversial one which made many contractors leery of the Engineer's independence when making these determinations.

FIDIC caters for 2 different DAB models - a "standing" DAB (in the Red, Pink and Gold Books) and an "ad hoc" DAB (in the Yellow and Silver Books) although their use in the FIDIC forms can be substituted as required by the Parties.

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