Standing or ad hoc panels for dispute resolution during project execution.
Dispute Boards involve establishment of a standing or ad hoc panel of independent experts to provide dispute resolution support during complex construction, infrastructure, or engineering projects.
There are several types of Dispute Boards: a Dispute Review Board (DRB) provides non-binding recommendations; a Dispute Adjudication Board (DAB) issues binding decisions; and a Combined Dispute Board (CDB) combines both functions.
CACAP provides nomination and appointment services for Dispute Board members. Panel includes experts in construction law, engineering, quantity surveying, project management, and contract administration.
CACAP's appointment process for Dispute Board members commences when parties request assistance in nominating board members. The request should include details of the project, the required expertise, number of board members required, and disclosure of any potential conflicts of interest.
The Centre reviews its panel to identify candidates with appropriate expertise and experience in construction dispute resolution. For a three-member board, the parties typically each nominate one member, and those two members then select a neutral chair; alternatively, CACAP may directly appoint board members where authorised.
Conflict checks are conducted to ensure independence and impartiality. The Centre proposes suitable candidates to the parties for their consideration and agreement, or directly appoints board members where authorised to do so.
Upon appointment, the Centre issues formal confirmation, and the Dispute Board members assume responsibility for providing dispute resolution support during the project. The board meets with the parties at project commencement and at agreed intervals, and responds to disputes referred by the parties during project execution.
All procedural matters relating to board operations are managed in accordance with the project contract and any agreed dispute board procedures. The board considers disputes referred by the parties and issues recommendations (for a DRB) or binding decisions (for a DAB or CDB). The board's decisions and recommendations assist parties in resolving disputes promptly during the project, reducing the need for formal dispute resolution proceedings.
The Centre does not administer the Dispute Board process or participate in the substance of the disputes. The Centre's involvement concludes upon appointment, unless further appointment functions are required.
Centre rules, model agreements, and practitioners guides are available on request. Please contact the Centre.