Nicholas Gould, in a paper prepared for the FIDIC Middle East Conference February 2012, considers the Enforceability of a Dispute Boards Decision. The Dispute Adjudication Board under the FIDIC Contract, and operation in particular of Clause 20 of that Contract is considered. The distinction between a Decision that is “final” or “final and binding” is also considered because that distinguishes the pathway to arbitration under the FIDIC Contract. The recent Singapore Decision of PT Perusashaan Gas Negara (Persero) TBK v CLW Joint Operation (High Court of Singapore) is also considered.
The 2017 FIDIC dispute resolution procedure: Part 2 – are Dispute Adjudication Boards worthwhile: benefits, problems, and advice on FIDIC’s security-of-payment regime
Robbie McCrea addresses the merits of including a DAAB, and Engineer’s determinations (the “other Party” under the Silver Book) in their new form, as a pre-condition to arbitration.