FIDIC Dispute Adjudication Boards

Of all the provisions to be found in the FIDIC form, those of clause 20 have attracted by far the most comment. One of the potential hurdles that need to be overcome with clause 20 is the appointment of the Dispute Adjudication Board or DAB itself. This is dealt with in sub-clause 20.2 of the standard Red and Yellow FIDIC forms and sub-clause 20.3 of the Gold Book. One particular feature of the FIDIC form of contract is that obtaining a decision from a DAB is generally a precondition to a party being entitled to commence arbitration. This can often result in two conflicting questions:

1. What can I do if the other party to the contract refuses to assist in the appointment of the DAB? How do I resolve my dispute if there is no DAB and no DAB decision? Can I go straight to arbitration?