The IBA Site Visit Protocol: A Framework For Avoiding Disputes Within Disputes

Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process giving rise to additional points of dispute between the parties. In an attempt to address this, the IBA has published the 'IBA Site Visit Model Protocol for International Arbitration' (the Protocol). The Protocol is designed to assist parties in discussing and organising site visits. It contains a series of draft provisions that parties can use as a starting point when agreeing and conducting site visits.

Site visits

As the Protocol recognises, site visits are generally used in two scenarios: