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Dispute Board Manual
A Guide to Best Practices and Procedures
By: Dispute Resolution Board Foundation
eBook | 20 December 2019 | Edition Number 1
At a Glance
152 Pages
eBook
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The Dispute Resolution Board Foundation (DRBF) created this manual to provide an authoritative explanation of the Dispute Board (DB) process and to serve as a reference guide for users of the process throughout the world. The guide addresses the fundamentals of successful DBs and their important role in both avoiding and resolving disputes among the contracting parties on large and complex projects.
As the DB process has developed since the mid-1970s, different terms have arisen to suit particular variations. These variations share the same structure and fundamental purpose: to encourage dispute avoidance and to assist in timely and cost-effective resolution of disputes for the duration of a project.
This manual uses the term “Dispute Board,” or its abbreviation, “DB,” to refer to variations of the process, except when citing other names for context and educational purposes. In the United States and Canada, the most common terms are “Dispute Review Board” or “Dispute Resolution Board.” In Australia, there is a preference for the term “Dispute Avoidance Board.” For projects using FIDIC forms of contract or institutional rules, the most common terms are “Dispute Adjudication Board” or “Dispute Avoidance and Adjudication Board.” This manual addresses any notable differences in procedures under these variations.
Given the widespread use of the DB process, additional terminology issues occur based on local language, industry terminology, contracting procedures and cultural differences. You may refer to this manual’s Glossary for details.
This guide updates the DRBF’s previous manual and explains practices and procedures that have evolved in the application of DBs. Special attention is given to recommended best practices, as well as cautions about modifications to the process which may be acceptable only in certain circumstances, or which are not recommended. The DRBF published its first “Practice and Procedures Manual” in 2004 and updated it in 2007.
on
Acknowledgments
Preface
Section 1: Background on Dispute Boards
1. A Brief History of Dispute Boards
2. The Case for Dispute Boards
3. Dispute Boards and Other ADR Processes
Section 2: Dispute Board Concepts
4. The Dispute Board Process
5. Qualities and Attributes of Dispute Board Members
6. DRBF Code of Ethical Conduct
Section 3: Establishing Dispute Boards
7. Types of Dispute Boards
8. Best Practice Guidelines for Contract Documents
9. Dispute Boards in FIDIC Contracts
10. Dispute Boards in Public-Private Partnership Contracts
11. Costs and Fees
Section 4: Dispute Boards – Implementation and Process
12. Nomination and Appointment of Dispute Board Members
13. Dispute Avoidance and Management
14. Referral of a Dispute to the Dispute Board
15. Prehearing Procedures and Document Preparation
16. Hearing Procedures
17. Recommendations and Decisions
18. Implementation of the Dispute Board’s Findings
19. Review, Termination or Renewal of the Dispute Board
Glossary
Index
ISBN: 9781943070695
ISBN-10: 1943070695
Published: 20th December 2019
Format: ePUB
Language: English
Number of Pages: 152
Audience: General Adult
Publisher: Dispute Resolution Board Foundation
Edition Number: 1