Resolving Disputes by Anil Changaroth

Author:Anil Changaroth
Language: eng
Format: epub
Publisher: Marshall Cavendish International

See consolidated table in the Annex for comparison of mechanisms.

General Overview of Dispute Boards1

Dispute Boards (“DBs”) in large-scale projects involve a board of independent persons who are appointed to review the progress of the project and consider issues that may have arisen, with the aim of avoiding disputes or minimising their impact by pre-empting disputes before they arise, and when they do arise, to deal with them quickly and effectively.

DBs have been used actively since 1975 on heavy engineering projects such as tunnels, airports, toll roads and power plants. There are a variety of types of dispute boards, as described below.

The brief history of DBs is as follows (in chronological order):

a. the DB was first used as a dispute resolution mechanism in the Eisenhower Tunnel project in 1975 in the USA in the form of a Dispute Review Board (“DRB”);

b. the first DB outside of the USA was utilised for the World Bank hydro-electricity power station project in Honduras (1981);

c. DBs were mandated for all World Bank projects in excess of US$50million since 1995;

d. DBs were included in the FIDIC (the International Federation of Consulting Engineers) Standard Form Contracts since 1999;

e. the International Chamber of Commerce (“ICC”) also came up with their own DB Rules in 2004; and

f. nine multilateral banks adopted DBs in 2006.

Large multi-discipline/contract projects sometimes require a larger pool of panels from which a panel of one or three or more members can be selected.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.