What happens if a DAB Member is unable to or does not carry out their duties?

Does the whole dispute adjudication board grind to a halt if a DAB member either does not, or cannot carry out his or her duties? Well, no it doesn’t.

The Sub-Clause 20.2 (Appointment of the Dispute Adjudication Board) of the FIDIC Red Book covers this eventuality as follows:

‘If at any time the Parties so agree, they may appoint a suitably qualified person or persons to replace (or to be available to replace) any one or more members of the DAB. Unless the Parties agree otherwise, the appointment will come into effect if a member declines to act or is unable to act as a result of death, disability, resignation or termination of appointment’ (more…)

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