Introduction

One particular issue which frequently arises (particularly under the FIDIC contracts, which adopt a multi-tiered dispute resolution process) is what the parties should do where a dispute adjudication board (a DAB) has not been properly constituted by the parties. This question is particularly pertinent in circumstances where one of the contracting parties attempts to delay and disrupt the constitution of an ad hoc DAB, which has to be put in place in order to resolve a specific dispute (as opposed to a standing DAB, appointed at the outset of a project). If no DAB is ...