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International Construction Law Review

ENFORCEMENT OF DAB DECISIONS UNDER THE 1999 FIDIC CONDITIONS OF CONTRACT: A RECENT DEVELOPMENT: CRW JOINT OPERATION v. PT PERUSAHAAN GAS NEGARA (PERSERO) TBK1

FREDERIC GILLION

Partner, Fenwick Elliott LLP 2

1. INTRODUCTION

A couple of years ago, Christopher Seppälä, legal adviser for the FIDIC Contracts Committee, published a very useful commentary3 on ICC Case No 10619. That case was then and appears to be still now the only reported case under the Rules of Arbitration of the International Court of Arbitration of the International Chamber of Commerce (“ICC”) where an arbitral tribunal ordered payment by an interim award of the sum set out in an engineer’s decision which had been the subject of a notice of dissatisfaction and was as a result “binding” but not “final”.4
By that award, the arbitral tribunal held in effect that decisions of the engineer under clause 67 of the FIDIC Conditions of Contract for Works of Civil Engineering Construction, Fourth Edition, 1987 (“the 1987 Red Book”), could be enforced by an interim or partial award5 ordering the losing party to pay immediately the amount assessed by the engineer in his decision.
Considering the implications of that case for the 1999 suite of FIDIC Books where the engineer’s decision is replaced by a decision of a Dispute Adjudication Board (“DAB”), Mr Seppälä’s view was that because the


Pt 4] Enforcement of DAB Decisions under 1999 FIDIC Conditions

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