The FIDIC DAB: Legal Nature, Effects аnd Interaction with Arbitration Agreement
Year: 2024
Type: article
Abstract: The paper examines the Dispute Adjudication Board (DAB) as an integral component of the multi-tier dispute resolution clause within FIDIC contracts, focusing on three key aspects. Firstly, it analyzes the legal nature of the DAB and whether it satisfies the conditions necessary to align with the right to a fair trial under the European Convention on Human Rights. Secondly, it examines the effects of DAB decisions, focusing on issues of their finality, binding nature and enforceability. The discussion highlights the contractual obligations arising from DAB decisions and their impact on subsequent legal proceedings. Thirdly, the paper explores whether the DAB is an obligatory step in the multi-tier dispute resolution clause preceding arbitration. It assesses the mandatory nature of this pre-arbitration mechanism, the consequences of bypassing it, and exceptions that may apply. Together, these aspects underline the DAB’s pivotal role in construction dispute resolution frameworks.
Source: Pravo i privreda
DOI: 10.55836/pip_24401a
Authors: Aleksandar Jakšić, Stefan Jovanović
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405798691