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International Construction Law Review

“A DISPATCH FROM THE FRONT”: DISPUTE BOARDS AT 2002

GORDON L JAYNES

Much is afoot in the international enginering and construction industry with respect to Dispute Boards. The purpose of this paper is to provide a “snapshot” of this activity at the outset of 2002.
Although entitled as a dispatch from “the front”, the activity is on multiple “fronts”. FIDIC’s publication of the 1999 First Editions of its three major sets of Conditions of Contract has been followed in 2001 by the publication in hard copy of its Guide to the use of those Conditions, which includes detailed insight into the use of FIDIC’s Dispute Adjudication Board system. In May of 2000, the World Bank published a new edition of its Standard Bidding Document, “Procurement of Works” which includes the latest version of the Bank’s Dispute Review Board system, significantly changed from its previous version. Starting in 2000, and continuing into 2001, FIDIC has conducted Training and Assessment Workshops for persons seeking admission to its President’s List of Dispute Adjudicators. In June of 2001, the American Arbitration Association opened its first office outside the United States, one aim of which is increasing its international activities with respect to Dispute Boards. Also in June 2001 the Dispute Review Board Foundation held its first International Conference, with attendees from 13 countries. In September of 2001, the UK’s Institution of Civil Engineers presented a seminar on Dispute Boards at the World Bank headquarters in Washington, DC. The International Chamber of Commerce, acting through the Commission of its Court of International Artibtration, and through its Centre for Expertise, is increasing its activities with respect to Dispute Boards.
Meanwhile, practitioners are encountering Dispute Board arrangements which differ significantly from past practice; also, the use of the Dispute Board technique has begun to be applied in aspects of large projects other than just engineering and construction, such as in the resolution of disputes arising in the operation of project financing arrangements for both projects undertaken as privately financed and those undertaken as “public-private partnerships”.

[2002
The International Construction Law Review

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