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International Construction Law Review

ENFORCEABILITY OF “UNTIL AND UNLESS” DAB DECISIONS UNDER THE 1999 FIDIC CONTRACTS

Georgitsa Petkova1

Boyanov & Co
I have said before, that in dealing with adjudications, one must approach the interpretation of any document in a sensible manner and to try to give effect to its intention, whilst bearing in mind the purposes of adjudication and the presumed intentions of the parties to be inferred from the contract, including the Scheme2 as it is part of the contract … and adjudication is fundamentally a contractual form of dispute resolution.3

I. INTRODUCTION

The paper deals with dispute resolution system (“DRS”), elaborated in the General Terms and Conditions (“GTC”) to three of the Standard Form Contracts issued by the International Federation of Consulting Engineers (“FIDIC”) in 1999 – Conditions of Contract for Construction for Building and Engineering Works Design by the Employer (“Red Book”), Conditions of Contract for Plant and Design Build for Electrical and Mechanical Plant, and for Building and Engineering Works Designed by the Contractor (“Yellow Book”) and Conditions of Contract for EPC/Turnkey Projects (“Silver Book”). The three contracts are referred together as “FIDIC 1999 Contracts”. In 2008 FIDIC also issued Design, Build and Operate Contract (“Gold Book”), which is outside the scope of this research.
The 1999 FIDIC Contracts establish an “escalating”4 multi-tier DRS,5 which consist of three stages: resolution of a dispute by a Dispute Adjudication Board (“DAB” or the “Board”) (also referred here as “adjudication” or

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