DAB – Procedure and Practice

Programme

Day 1:

Adjudication principles

  • What is a Dispute?
  • Background of Dispute Resolution
  • Alternative Methods of Dispute Resolution
  • Application in the USA and Europe

Dispute resolution

  • Under FIDIC Contracts
  • Under ICC and DBF Rules

Legal status of an Adjudicator and DABs
 
DAB Establishment and Responsibilities

  • Selection Process
  • Appointments
  • Contract Agreement
  • Full term and ad hoc responsibilities
  • Fess, expenses and payment terms

Termination and replacement of a DAB
 
Procedural Rules
 
Routine procedures

  • Full-term visits
  • Opinion and advice
  • Dispute referral
  • Jurisdiction

Site visits and reports
 
Dispute timetable and position papers

  • Establish timetable
  • Nature of position papers

Remarks, Evening Assignment and Day One Conclusion

Day 2:

Review of assignment

Responses

  • DAB Directions
  • Evidence statements

Hearings

  • Pre-hearing requirements
  • Attendees
  • Agenda and conclusions
  • Evidence
  • Conclusion of hearing
  • After the hearing

Dispute decision
 
Reaching the decision

  • Three-person DAB discussion
  • Format of decision
  • Unanimity
  • Enforcement of decisions

 

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